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J. E. STOVER & ASSOCIATES, INC. <br />P.O. BOX 60340 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />November 8, 2005 <br />Dan Mathews <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Central Appalachia Mining LLC <br />McClane Canyon Mine <br />NOV CV-2005-008 <br />Permit G-80-004 <br />Dear Mr. Mathews: <br />R~D~,9VED <br />NOV 10 2005 <br />~swn op Minerals and Ged°9Y <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />Notice of violation number CV-2005-008 was written on October 26, 2005 for "Failure to <br />maintain upland diversion culverts and a haul road culvert in accordance with approved <br />designs and applicable performance standards". The NOV was modified on November 1, <br />2005 to add an 18" diameter haul road culvert. The abatement date for the NOV is <br />November 9, 2005. <br />Central Appalachia Mining, LLC (CAM) has been diligentlyworking tomaintain the culverts. <br />Culvert H (42") has been cleaned, Culvert D (42") must be cleaned with hand labor. It is <br />approximately 540' feet long and is very difficult work. Laborers must work on their hands <br />and knees to clean the culvert. Culvert D is approximately 75% complete. Culvert E (18") <br />has been cleaned. Culvert J (18') has been partially cleaned. <br />CAM needs additional time to pertorm the abatement steps required by the NOV. Please <br />extend the abatement date for the NOV until November 18, 2005. <br />SincerelC~~ <br />J. E. Stover, P.E. <br />Consulting Engineer <br />cc: Dan Mathews - G. J. Office <br />Mine Office <br />