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III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />I J 13 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: 13031 866-3567 <br />FAR: 13031 832-8106 <br />October 21, 1993 <br />Mr. Henry Austin <br />Office of Surface Mining <br />Albuquerque Field Office <br />505 Marquette Avenue, N.W. <br />Albuquerque, NM 87102 <br />RE: Notice of Violations C-93-112, C-93-113, aad C-93-116; <br />Movataia Coal Compaap; e!'~at Elk Mine; File No. C-80-007 <br />Dear Mr. Austin; <br />o~ cow <br />~~~~ <br />~./. <br />~ !8 ]6 ~ <br />Roy ROmer <br />Governor <br />Michael B Long <br />Division Director <br />Pursuant to your request, enclosed is all information relating to the above <br />Notices of Violation (NOVe) issued to Mountain Coal Company (MCC) at the Weat Elk <br />Mine on August 12, 1993 during a joint Office of Surface Mining and Division of <br />Minerals and Geology inspection. <br />MCC requested that the Division vacate all three of the Violations. Upon <br />submittal of some additional information, the Division determined that vacating <br />NOV C-93-112 and C-93-113 was appropriate. I have included all supporting <br />information provided by MCC, Division correspondence regarding the basis for <br />vacation of the two NOVe and some additional information located by the Division. <br />The Division did not agree that NOV C-93-114 should be vacated, so a Board <br />hearing was requested by the company. We did not have an assessment conference <br />prior to the hearing. A Formal Public Hearing was held yesterday, October 20, <br />1993, and the Hoard voted to vacate the violation. A written decision has not <br />beeh issued. The Division is planning to request a rehearing for the November <br />1993 Board meeting. <br />I believe the enclosed information will be helpful to you. Please do not <br />hesitate to call if you require more information or have questions. <br />ly, <br />Christine E. <br />Reclamation <br />cc: Steve Renner, DMG <br />007NOV.OSM <br />