1986-02-18_GENERAL DOCUMENTS - C1981017

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OFFICE OF GENERAL COUNSEL MID-CONTINENT RESOURCES, INC. P.O.DRAWER 790 818 COLORADO AVENUE CHICAGO OFFICE GLENWOOD SPRINGS,COLORADO 81602 TELEPHONE 625 PLAINFIELD ROAD AREA CODE 209 94E-eb48 WILLOWBROOK,IL 60521 November 14 , 1985 U. S. Department of the Interior Office of Surface Mining Assessment Office Washington, D.C. 20240 Re: Notice of Violation No. 85-2-244-1 Gentlemen: The above numbered Notice of Violation was served on Mid-Continent Resources, Inc. on November- 7 , 1985 con- cerning alleged violation in permitted area under Colorado State Permit No. C-017-81 for alleged violation of 30 CFR 817. 22 (a) , Colorado Regulations Section 4 . 06. 2 (2) (a) and Colorado Statute CRS 34-33-120. We respectfully request that this NoV be cancelled or quashed. Alternatively if not cancelled or quashed, we respectfully request that formula for assessment of civil penalties be waived under the provisions of 30 CRS 845.16 and that no penalty be assessed. We submit that the NoV should not have been issued for the following reasons : 1. The NoV was issued under 30 CFR 843. 12 (a) (2) whereby a federal inspector gave written report of alleged violation to the State; the State responded in- dicating that in their judgment no violation occurred or existed (_see Exhibits 4 & 8 attached hereto) . A re- inspection was made by the Federal Inspector, and then on November 7 the NoV issued. As will be seen from the NoV and from affidavit of Douglas Bowman attached, (Exhibit 10) Environmental Coordinator for Mid-Continent Resources, Inc. (MCR1 , no corrective action was required and the NoV speaks only to practices to be followed in the future as to the same or other areas. Accordingly, it cannot be said that "the violation continues to exist" , which is a condition precedent to the issuance of a NoV under 843. 12 (a) (2) . RECEPI NOV 21 1985 MINEO LAND t ECLAtk4AT;0jN Colo.Dept. of NaWiral ROSOUM6V