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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Dcnver, CO 80207 <br />Phony 1303) 866-3567 <br />FAX. 13031 d72~d106 <br />November Ol, 1993 <br />Brian P. Dunfee <br />Senior Manager, Environmental Affairs <br />Peabody Western Coal Company <br />1300 South Yale Street <br />Flagstaff, Arizona 86001 <br />RE: Seneca II-W Mine (C-82-057) <br />Request for Vacation, Cessation Order No. C-93-141 <br />Dear Mr. Dunfee: <br />pF COQ <br />\~ <br />ti~ 9 <br />ti <br />~ 1896 ~ <br />Rny Romcr <br />Governor <br />Michael d Lung <br />Division Director <br />I have reviewed your October 27, 1993 request for vacation of Cessation Order No. C-93-141. <br />Peabody Western Coal Company has raised a number of issues in its request for vacation. <br />However, there appears to be equally convincing evidence in the record that significant <br />environmental harm has occurred, and that the cessation order was justified. Because of the <br />discrepancies in the Division record and that information furnished by Peabody Western, I am <br />declining to vacate the violation. I would, however, encourage Peabody Western to proceed <br />through the appeal process in order that an impartial determination can be made after a <br />presentation of all relevant facts. The cessation order may be appealed through an informal <br />public hearing (Rule 5.03.2(7)), an assessment conference (Rule 5.04.3(3)), or through formal <br />review by the Mined Land Reclamation Board (Rule 5.03.5)). <br />If you have any questions or need additional information, please contact Steve Renner or me. <br />Sincerely, <br />Michael B. Long <br />Division Director <br />c: Steven G. Renner, CDMG <br />Susan L. Burgmaier, CDMG <br />m:\coal\co93141.wp <br />