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Mr. Robert Hagen -2- November 18, 1993 property in question occurred in late July 1985, and the required notification process occurred six months prior. MCC, formerly West Elk Coal Company, effectively notified Grand Mesa Properties, as evidenced by the exchange of correspondence and documents which occurred during late 1984 and early 1985. Grand Mesa Properties knew of the plans to undermine their property, and the nature of the mining was also understood. This is further substantiated by the October 18, 1993 letter from Grand Mesa Properties which reiterates the landowner's receipt of proper notice. MCC has also provided documentation which indicates that the USFS effectively received notice of the MCC mine activities, and that the intent and purpose of Rule 4.20.2(1)-(3) have been met. Specifically, the attached correspondence dated August 9, 1984, March 79, 1985, August 7, 1985, August 26, 1985 and November 1, 1985, indicate that the USFS was fully aware of the MCC plan to undermine the USFS property. In fact, the USFS issued a Special Use Permit to West Elk Coal Company, which allowed the installation of a subsidence monitoring network on the subject land. As final verification of this, the USFS issued an October 14, 1993 letter which specifies their satisfaction with the notice provided by MCC. In summary, MCC has complied with the intent and purpose of Colorado Rule 4.20.2(1)-(3) regarding their notification to both Grand Mesa Properties and to the USFS. Although this notification was somewhat fragmented aver time, effective notice was provided both in content, and in a timely manner. As such, we believe that a violation has not occurred. Topsoil Storage The second portion of the TDN alleges that movement of salvaged topsoil resources from one location to another location occurred without prior DMG approval. Based upon a lack of information at the time of the August 12, 1993 inspection, the DMG issued NOV C-93-113. Subsequent to the issuance of this NOV, the DMG determined that proper approval had been secured. On September 30, 1993, Michael B. Long, DMG Director, vacated violation C-93- 1 13, and we respectfully decline any further enforcement action. Our basis for this decision follows, and various materials which substantiate this position are attached for your review (Exhibit B). Colorado Rule 2,05.3(5) requires that a narrative and map be submitted which specify the topsoil salvage and storage procedures. Colorado Rule 4.06.3(2)lb) addresses the timing of topsoil movement. The plan for the subject area was provided within Exhibit 51, and Maps 53 and 54 show both topsoil pile locations in question. The location from which topsoil was moved is the location shown south of the main mine road and along Sylvestor Gulch (Map 54). Map 53 and Exhibit 51 both indicate that topsoil will be stored on the refuse pile bench. Therefore, topsoil was moved from one approved location to another approved location. The timing for the move is explained within the context of pile construction Phases III and IV in approved Exhibit 51 on pages 7 and 8.