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r ` <br />i` <br />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 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 that you vacate the NOV as your authority as Director <br />allows. This request does not constitute a relinquishment of GCC's right to request formal review by the <br />Colorado Mined Land Reclamation Board within the allowed timeframes. <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 ad?It?onal information, please contact me at your convenience. <br />TrenPPeterson <br />Vice President, GCC Energy, LLC <br />c: Tom Bird, GCC <br />Michael Savage, Savage and Savage <br />GCC Energy, LLC Page 4 <br />Request for Vacation: Notice of Violation CV-2008-002