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__ I . <br />III IIIIIIIIIIII ~III ~ <br />sss <br />Mountain Coal Company <br />Went Elk Mlne <br />Post Office Box 591 <br />Somerset, Cokxado 81434 <br />Telephone 970 929.507 5 <br />Fex 970 929-5595 <br />June 28, 1995 <br />Denver, Colorado 80203 <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Michael B. Long, <br />Division Director <br />Colorado Department of Natural Resources <br />RECEIVED <br />JUN 3 0 1995 ~ ` <br />Division of Minerals 8 Geology " <br />Re: Mountain Coal Company, West Elk Mine, NOV C-95-016 <br />Dear Mr. Long: <br />The Colorado Division of Minerals and Geology (Division) recently issued a <br />notice of violation (NOV) to Mountain Coal Company's West Elk Mine. A copy of <br />NOV C-95-016 is attached for your convenience. The NOV concerns sediment <br />control at the development waste pile site near the new fan portal in Lone Pine <br />Gulch, west of the existing facilities at the West Elk Mine. The NOV contains <br />three distinct allegations: <br />silt fence at the site was "completely ineffectual" <br />diversion ditches were not properly maintained <br />waste material was spread on topsoil <br />The facts do not support these allegations. 'Mountain Coal Company therefore <br />requests that you vacate NOV C-95-016. <br />Silt Fences <br />The Inspection Report accompanying the NOV alleges that <br />although the silt fence was present at the <br />development waste pile, it was completely ineffectual <br />due to the fact that the bottom of the silt fence was <br />not properly "keyed" or "folded" into the soil. In <br />