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ARCO~i <br />Legal <br />555 Seventeenth Street <br />Denver, Coloratlo 80202 <br />Telephone 303 293 42x6 <br />Faz 303 293 4098 <br />R. Kirk Mueller <br />Senlor Attorney <br />December 17. 1997 <br />~FCEIVtD <br />III Illlllllllllllll <br />DEC 2 2 1997 <br />UIVIRIr~n 31 d~rgF,rAIS & (;POi0Q4' <br />Mr. Michael Long <br />State of Colorado <br />Division of Minerals and Geology <br />1373 Sherman Street, Suite 215 <br />Denver, CO 80203 <br />RE: West Elk Mine, Permit No. C-80-007: NOV Nos. CV-97-008, 009, <br />and 010. <br />Dear Mr. Long: <br />I write on behalf of Mountain Coal Company ("MCC") in reference to three <br />Notices of Violations ("NOV") referenced above to offer and suggest a resolution <br />that would be acceptable to MCC and which, if acceptable to you, would obviate <br />the need for an appeal to the Colorado Mined Land Reclamation Board. <br />The first NOV, captioned CV-97-008, was issued to MCC after inspector Mike <br />Boulay discovered that earthen berm material at the toe of a road had fallen into <br />the channel of a stream in Sylvester Gulch silt fence at the toe of the <br />embankment had collapsed. The penalty for this NOV was assessed for <br />"seriousness" at a mid-range of "low/moderate" carrying a $500 fine and the <br />"fault" was assessed at the high "negligence" level carrying a fine of $750. An <br />investigation revealed that the damage to the berm and silt fence was caused by <br />a motor grader operator who was constructing roadside berms in compliance <br />with directions of the Mine Safety and Health Administration. It appears that, in <br />some places, brush growing along the side of the road and stream made it <br />difficult for the operator to clearly see where the channel was located and that in <br />the places noted by Mr. Boulay, the blade pushed into the berm causing some <br />soil to roll into the stream. Given the difficulties posed by undergrowth and the <br />conflicting requirements of two regulatory agencies, MCC proposes to accept <br />this NOV and pay the penalty provided the "fault" assessment is adjusted down <br />to the mid-range "negligence" level carrying a fine of $500. <br />The second NOV, captioned CV-97-009, was issued after a slope failure <br />occurred beneath the foundation of a haul road under construction in Sylvester <br />Gulch which slope failure bulged somewhat into the stream channel. The <br />AIIartIIC Richlieltf Company <br />