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GCC Energy, LLC <br />'OGCC Post Office Box 2827 <br />Durango, CO 81302 <br />Telephone: 970.385.4528 4424 County Road 120 <br />Energy "Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326 <br />GCC's understanding that by reviewing and approving the information, assessments, and plans for the <br />entire permit and affected area, the Division agreed with operations as proposed within the entire permit <br />and affected area. With an approval for the entire operation, GCC did not believe modifications to the <br />everyday operation, including those of slight relocations of sub-mains, panels, or other underground <br />features, required revision to the permit. <br />In conclusion, GCC believes that we have presented sufficient evidence and convincing arguments that <br />CV-2008-002 was issued in error and GCC was not in violation of the cited Rules, statute, or permit. <br />GCC has conducted operations at the King Coal Mine with the belief that the Division has reviewed and <br />approved mining within the depicted permit and affected areas of the King Coal Mine. GCC has provided <br />information in the original permit application and subsequent revisions and renewals to support that <br />belief. <br />Based on the above representations, GCC requests a public hearing before the Colorado Mined Land <br />Reclamation Board. <br />For further consideration, GCC would like to offer the observation that the Division needs to consider that <br />operations as complex as an underground coal mining operation need to be able to respond to changing <br />conditions in the physical environment rapidly and without constant threat of citation. It is our <br />observation that the intent of SMCRA and the Colorado Surface Coal Mining Reclamation Act is to <br />acknowledge the importance of coal mining, balanced with the need to protect valuable environmental <br />resources without unreasonably burdening operators in the daily conduct of business. <br />If we can provide additional information, please contact me at your convenience. <br />Sincerely, <br />Trent Peterson <br />Vice President, GCC Energy, LLC <br /> <br />c: Tom Bird, GCC <br />Michael Savage, Savage and Savage <br />GCC Energy, LLC Page 4 <br />Request for Public Hearing before the Mined Land Reclamation Board: <br />Notice of Violation CV-2008-002