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The reasons for this request are specified in the appended correspondence Request for <br />Vacation of NOY, issued to the Oal ridge Energy Carbon Junction Mine (DBMS frle C- <br />92-080) to Director Cattany dated October 8, 2007. It is our assertion that CDRMS <br />inspectors wrongfully issued the subject NOV to Oakridge Energy, when the party <br />responsible for the subject of the violation is an adjacent mining operation. The <br />abatement requirements by the staff would require Oakridge Energy to undertake <br />activities on property that it is not responsible for, and is owned by others who have <br />acknowledged responsibility. Director Cattany and CDRMS staff denied the request for <br />vacation, provided justification for issuance of the original NOV, and though <br />acknowledging the issue of ownership and responsibility by others, declined to either <br />modify or rescind the abatements. FuRher, recognizing that the citations in the original <br />NOV were flawed, CDRMS modified the subject NOV to justify their omissions and <br />errors (October 12, 2007 correspondence from CDRMS). <br />We contend that the issue of CDRMS issuing an NOV to a party that is not responsible is <br />a grievous violation of the intent of the statute and regulations and may border on <br />azbitrary and capricious behavior. On this issue alone, requiring my client to undertake <br />actions on others property and for other responsible parties, we believe there is <br />substantial likelihood that the Boazd will rule in our favor. <br />By the Board granting the requested temporary relief from the specified abatements, there <br />is no likelihood of significant environmental harm to land, air, or water resources, nor is <br />there potential for adverse affects to the health or safety of the public. <br />Notice of Intent to File Request for Costs, Expenses, and Attorneys Fees related to <br />CDRMS isolation CY-2007-005 <br />Should we prevail and the Boazd vacates the NOV, notice is hereby provided that we will <br />seek reimbursement for costs and expenses under Section 5.03.6(4)(d) of the Regulations <br />of the Colorado Mined Land Reclamation Boazd for Coal Mining. <br />If I can provide any additional information for your review, please contact me. Thank <br />you for the Board's attention to this matter. <br />Sincerely, <br />Michael S. Savage <br />Principal <br />attachments: October 8, 2007 Request for Vacation of Notice of Violation CV-2007-005, <br />issued to the Oalsidge Energy Carbon Junction Mine <br />(DBMS file C-92-080) and attachments <br />October 12, 2007 Correspondence from Ron Cattany and attachments <br />c: Sandra Pautsky, Oakridge Energy <br />CERTIFIED MAIL # 7006 2760 0005 3968 6609 RETURN RECEIPT REQUESTED <br />