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West Elk Coal Comy, Ine. Post Office Box 591 Somerset, Colorado 81434 Telephone 303 929 5015 Curtis W. Foster General Manager March 24, 1983 • III IIIIIIIIIIIII III Colorado Mined Land Reclamation Division 423 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Attention: Mr. Robert Liddle Re. NOV NO. 83-7 Gentlemen: hI~AR 2 8 1983 A4IPJE0 LAr~~ RtCLAMATION Colo. Dept. of Nafl;raf Resource West Elk Coal Company (WECC) is submitting this letter in accordance with CMLRD Regulation 5.04.3(1) which gives an opportunity to the operator of a coal mine to submit written information to your office addressing a particular Notice of Violation (NOV) and any possible penalty amounts associated with that NOV. For the reasons listed below, WECC respectfully requests that the CMLRD vacate NOV No. 83-7 or terminate the NOV in accordance with Section 5.03.2(5)(d). ' The NOV addresses two alleged violations that were discovered on February 16 during a CMLRD monthly inspection. The first refers to an ice-plugged crossover culvert on the main access road. As soon as the problem was discovered, work began and was completed the next day to open the culvert. Thus the problem was corrected two weeks prior to issuance of the NOV. The second alleged violation refers to a plugged culvert at the waste rock pile. We respectfully submit that it was not plugged and even though partially covered with snow and mine waste, was fully operational with water routinely draining through it. Because the conditions relating to the first alleged violation were remedied immediately following the discovery of the problem and since no violations existed in the second case, WECC respectfully requests that the NOV be vacated. If not, WECC requests that the CMLRD terminate the NOV in accordance with Section 5.03.2(5)(d). This section required that the NOV be terminated in writing to the mine operator as soon as the CMLRD determines that the conditions giving rise to the NOV have been abated. The NOV notes that abate- ment was achieved by the operator on February 17, 1983.