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~ iiiiiiiiiiiniiiiii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmen{ of Natural Resources 1 113 Sherman S{., Room 215 Denver, Colorado 802D7 Phunc 1 %03) Bh6-3567 FA%~. {5/111 K32 N106 April 2, 1998 Mr. Richard Mills Twentymile Coal Company 29515 Routt Counry Road No. 27 Oak Creek, CO 80467 RE: Foidel Creek Mine (C-82-056), PR-04 A VS Dear Mr. Mills: ~~~ DEPARTMENT OF NATURAL RESOURCES Foy Romer Governor lames lcri hhear? E.~ewri.e Dve~ for 4nchael 8. Lung Division DrreUnr The Division has conducted a check of the National Applicant Violator System (AVS). The resulting System recommendation was "Conditional Issue". This "Conditional Issue" recommendation is a result of the pending resolution of the Pittston Comprehensive Settlement Agreement. The Pittston Comprehensive Settlement Agreement was a development from the Pittston Injunction involving enforcement actions at the following mines; A & D Coal, Black Gold Coal, Elkins Energy, Elkins Coal, Golden Chip Coal, Brothers Coal, D & I Coal, Ianice Marie Coal, and Glory Coal . Resolution of the Settlement Agreement will be a condition of the PR04 decision. Additional inconsistencies noted during the AVS check include: A. The name Michael J. Coyner, entity identification number 145458, Assistant Treasurer, beginning date of 03/Ol /98, appears in AVS for the Twentymile Coal Company, Cyprus Amax Coal Company, Amax Energy Inc. and Cyprus Amax Minerals Company. However, this name does not appear in any of the permit application pages that had been submitted for this permit revision. Please either remove this name from AVS or submit updated revised pages which include this name as an officer of the previously mentioned companies. B. For the Cyprus Amax Coal Company, AVS lists beginning dates ofluly 25, 1996 for all of the officers, except for Farokh S. Hakimi. However, proposed revised page 1 ] of 37 of Exhibit 47 lists the beginning dates for these same names, not including Farokh S. Hakimi or John M. DeMichiei, as November 30, 1995. The beginning date for John M. DeMichiei is listed as April I, 1996 in the proposed revised page. Please change these beginning dates either in AVS or in revised permit page 1 I of 37 of Exhibit 47. C. For Amax Energy Inc. and for Cyprus Amax Minerals Company, AVS lists the position for David J. Flemming as being a corporate officer. However, proposed revised permit pages l3 of 37 and I S of 37 for Exhibit 47 lists his position as Director of Tax. Please change either AVS or the proposed revised pages to reconcile this difference. D. For Cyprus Amax Minerals Company, proposed revised page l5 of 37 for Exhibit 47 lists the name of Nt. A. Morphy, Director, date assumed office July I, 1985. However, this name is not listed in AVS. Please update either AVS or the proposed revised page.