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III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />131 3 Sherman 51., Room ? 15 <br />Denver, Culurado AO?03 <br />Phone: (3031 R66 3567 <br />FAX: 1105) R3? R10M <br />DATE: September 18, 1998 <br />TO: Mike Boulay <br />FROM: Joe Dudash VV <br />RE: AVS Check, Midterm Review, Yoast Mine, <br />Permit No. C-94-082, Seneca Coal Company <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames S Luchhead <br />Eceanive Drreaor <br />Michael B Long <br />Drvrsron Dneclnr <br />At your request, I ran an AVS check on the information submitted by Seneca Coal <br />Company as a response to your midterm adequacy review question no. 8. The Division <br />had requested an update on permit stipulation no. 13 regarding the Kentucky civil <br />penalties and bond forfeiture associated with permit 8980140. The Division wishes to <br />make several comments concerning this issue: <br />Permit stipulation no. 13 referred to violations associated with Kentucky permit <br />no. 8980140. Since then, a new violation, West Virginia cessation order for permit <br />no. E012500, has been entered into the AVS system. A new permit stipulation, or a <br />revised permit stipulation no. 13, needs to be attached to the Seneca permit <br />application. An example of the additional wording follows: <br />PROOF OF RESOL UTION OF WEST VIRGINIA CESSATIOA' ORDER <br />VIOLATlONASSOCIATED WITH PERMIT NUMBER E012500 SHOULD BE <br />SUBMITTED TO DMG AS SOON AS IT BECOMES AVAILABLF,. <br />In their midterm responses, Seneca submitted AVS data sheets and commented <br />that the Kentucky violator company, Catawba Industries, is not a Peabody <br />company. Although this may be true, a link to a violation may occur in AVS <br />because an individual in one company was related to another company which had <br />received the violation. In this particular case, George J. Holway, who now is an <br />officer and controller of several Peabody entities, used to be CFO and VP of <br />Ziegler Coal Holding Company. In turn, Ziegler Coal Holding Company owned or <br />