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MEMO <br />To: CV-2010-001 file <br />From: Tom Kaldenbach <br />Date: June 1, 2010 <br />Re: Basis for Issuing Notice of Violation CV-2008-002 <br />During my inspection of the West Elk Mine on May 11, 2010 I asked the operator's <br />representative to show me the mine's map that is continually updated with the locations <br />of workings. The map showed room-and-pillar workings that did not appear on the <br />approved E-Seam mine plan map (Map 51). These additional workings are located in <br />lease COC-67232 in SEI/4 Section 35 and SWI/4 Section 36, Township 13 South, Range <br />90 West. Notice of Violation CV-2010-001 was issued on May 14, 2010. On May 20, <br />2010, the operator submitted Minor Revision 365 consisting of an updated E-seam mine <br />plan map (Map 51). DRMS issued a proposed decision to approve MR-365 on June 1, <br />2010. Comparison of the copy of Map 51 approved in MR-365 with the copy of Map 51 <br />that was in the permit on the inspection date indicates the additional workings cover <br />approximately 6 acres (see attached sketch maps).