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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 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />May 3, 2012 <br />Mr. Trent Peterson <br />Vice- President <br />GCC Energy LLC <br />6473 County Road 120 <br />Hesperus, CO 81326 <br />Re: Request to Vacate Notice of Violation CV -2012 -003 <br />King Coal Mine, Permit No. C- 1981 -035 <br />Dear Mr. Peterson: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />In your letter dated April 26, 2012, GCC Energy requested the vacation of Notice of Violation <br />(NOV) CV- 2012 -003 for the King Coal Mine. After reviewing GCC's request for vacation, and <br />the Divisions' observations that the placement of coal mine waste was done without an <br />adequate design plan, it appears that NOV CV -2012 -003 was properly issued. Therefore, I am <br />upholding the NOV at this time. <br />The information you provided is helpful and will be used when the civil penalty is proposed. <br />Upon receipt of the proposed civil penalty, GCC will have the opportunity to request an <br />assessment conference. The request for conference must be returned to the Division within ten <br />days after receipt of the proposed penalty by GCC. At an assessment conference, the facts of <br />the violation and the proposed penalty will be considered and evaluated by the conference <br />officer. <br />If you have any questions, please feel free to contact Sandy Brown, or Marcia Talvitie. <br />Sincerely, <br />Loretta E Pineda <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />