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<br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />STATE OF C"OLORADO <br />C`/,F8o 007 <br />Cv. Zn/o-ovi <br />Vag <br />y? ice <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />July 19, 2010 <br />Mike King <br />Executive Director <br />Ms. Kathleen Welt <br />Mountain Coal Company Loretta E. Pineda <br />Director <br />P.O. Box 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />Re: Notice of Violation CV-2010-001- Mountain Coal Company, LLC - Permit No. C-1980-007 <br />Dear Ms. Welt: <br />This letter is written in response to the request to vacate Notice of Violation (NOV) CV-1980-007 received from <br />Mountain Coal Company, LLC (MCC) by letter dated May 27, 2010 and further email correspondence from <br />MCC dated June 8, 2010. I reviewed the circumstances involved with the issuance of this NOV through file <br />document review and during our onsite meeting of July 7, 2010. I will vacate the NOV as explained below. <br />The record indicates that, in this case, the violation may be considered a minor excursion from the approved <br />mine plan for the West Elk Mine, and the record indicates that the situation was remedied expeditiously. The <br />area referenced in the NOV amounted to about six acres within a total permit area of about 17,000 acres. The <br />permit was correctly revised with MCC's submittal of Minor Revision No. 365. There is also no evidence of <br />environmental harm at this time. <br />The following advice and direction is offered to avoid this circumstance in the future. Correct mine plan maps <br />are required by both rule and statute, and this requirement applies to all areas within the permit and affected <br />area. Correct mine plan maps must be provided for review and approval for incorporation into the permit prior <br />to mine plan implementation. Please continue to work closely with the Coal Program staff to ensure that that the <br />MCC West Elk Mine remains in compliance with this provision. <br />Thank you for your cooperation with this situation. Please feel free to contact me with any questions. <br />Sincerely, <br /> <br />Loretta Pineda <br />Director, Division of Reclamation Mining and Safety <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines