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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O RA D O <br />D I V I S I O N OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />August 20, 2008 <br /> Bill Ritter, Jr. <br />Mr. Trent Peterson Governor <br />GCC Energy, LLC Harris D. Sherman <br /> <br />P.O. BOX 2827 Executive Director <br /> <br />Duran <br />o <br />CO 81302 Ronald W. Cattany <br />g <br />, Division Director <br /> Natural Resource Trustee <br />Re: Request for Vacation, Notice of Violation CV-2008-002 <br />GCC Energy LLC, The King I and II Mines <br />DRMS Permit No. C-1981-035 <br />Dear Mr. Peterson: <br />I have reviewed GCC Energy LLC's request for vacation of Coal Program Notice of Violation CV-2008- <br />002. This Notice of Violation was issued to GCC Energy LLC on July 3, 2008. The request for vacation <br />was received in our offices on August 13, 2008. <br />This Notice of Violation was issued for GCC Energy LLC's failure to conduct surface coal mining and <br />reclamation operations as described in the approved application, and its failure to have maps or plans in the <br />approved application that that clearly and accurately show the land to be affected and the areal extent of the <br />underground workings. It is my understanding that this NOV was written for underground mining <br />occurring at the King I Mine in an area that had not received prior approval from our offices. <br />Based upon my review of information provided by the Division and in the GCC Energy, LLC request for <br />vacation, I have decided that the Notice of Violation should not be vacated. Permittees of underground <br />coal mines are required to submit applications for revisions to DRMS permits whenever significant changes <br />in the extent of underground workings may be needed. Such applications must be submitted to the <br />Division prior to proceeding with such changes, so as to allow Division staff the opportunity to determine <br />whether the proposed activities will comply with all applicable laws and regulations, and thus determine <br />whether the applications should be approved. <br />Should you have any questions regarding this matter, please feel free to contact Daniel I. Hernandez, Senior <br />Environmental Protection Specialist, or David A. Berry, Interim Director of the Office of Mined Land <br />Reclamation. <br />Since , <br />Ronald W. Cattany <br />Division Director <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines