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ARCO :: <br />Legal <br />555 Seventeenth Street <br />Denver. CO 80202 <br />Telephone 303 293 4230 <br />Facsimile 303 293 4098 <br />Scot W. Anderson <br />Senior AltOrney <br />March 4, 1993 <br />VIA HAND DELIVERY <br />Mr. Michael B. Long <br />Division Director <br />Colorado Division of Minerals and Geology <br />Office of Mined Land Reclamation <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />MqR 41983 <br />Divs,o~ DI M Gerais d ~epio9Y <br />III IIIIIIIIIIIIIIII <br />999 <br />Re: Mountain Coal Comoanv: Request to Vacate Notice of Violation No. C-93-006 <br />Dear Mr. Long: <br />On February 19, 1993, the Division of Minerals and Geology issued a Notice of <br />Violation ("NOV") to Mountain Coal Company's West Elk Mine. That NOV, No. C-93- <br />006, and related correspondence are attached for your review. The NOV alleges that <br />Mountain Coal failed to submit to the Division semiannual subsidence monitoring <br />reports between October 1990 to January 19, 1993. The NOV also sets forth a <br />number of substantial abatement requirements to be completed by April 19, 1993. <br />For the reasons set forth below, Mountain Coal Company requests that Notice of <br />Violation No. C-93-006 be vacated. <br />In fact, Mountain Coal conducted subsidence monitoring semiannually since October <br />of 1990; surveys were made in October of 1990, June of 1991, October of 1991, <br />June of 1992, and October of 1992. Inspection reports indicate that the Division <br />inspected the West Elk Mine, specifically subsidence, including nine times in the period <br />between October 1990 and January 1, 1992, and in each instance the Division found <br />Mountain Coal to be in compliance with state regulations and permit requirements. <br />The results of Mountain Coal's subsidence monitoring program were routinely made <br />available to the Division during those inspections. Indeed, the report of the Division's <br />inspection of October 22, 1991 notes that the Division reviewed subsidence survey <br />notes from the June and October 1991 surveys, and that the Division was satisfied <br />with those surveys. Mountain Coal provided the data from all previous surveys to the <br />Division in its written subsidence monitoring report of January 11, 1993. A copy of <br />that report is attached for your review. Please note that it has been Mountain Coal's <br />AIIanOC fl¢M1f~eitl Company <br />