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,. <br />iii iiiiiiiiniiim <br />STATE OF COLC~I~UU <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1318 Sherman il.. Room .15 <br />Uem~er. C(~ RULUI <br />Vhone. ltUl~ 8bfi-3~ni <br />FAX' ~ ;USI 8 5?-8106 <br />DATE: April 21, 1993 <br />TO: Steve Renner <br />Michael Long <br />~, <br />FROM: David Berrya <br />RE: Notice of Violation No. C-93-006 <br />Mountain Coal Company, Permit No. C-80-007 <br />of cow <br />a b~ <br />~? o <br />~~~~ <br />/8]6 <br />Rov Romer <br />Grnernor <br />michael B. Long <br />D:~. ~sion pireacr <br />This memorandum is written in response to the April 16, 1993 correspondence recce: ~°.~ frem <br />C W 4viarcnn of T1ntt7t~in ('rJ~l ('ntn r?n~. <br />I strongly recommend that the above-referenced violation not be vacated. The violation was <br />written for failure to submit three subsidence reports to the Division office, and there is <br />absolutely no evidence that any reports were submitted during 1991 and 1992. The <br />arguments presented by Mountain Coal Company seem to be an attempt to obscure a si.^Iple <br />issac. <br />Mountain Coal claims that the three reports (June 1991, October 1991, and June 1992) were <br />given to cur inspectors in the field, then subsequently lost by our staff. We have scottrei all <br />of the Division files, including the specialist's files, the public files, and Dr. Pendleton's files <br />and we cannut fmd any reports. Mountain Coal Company cannot produce any report or <br />cover letter copies. <br />The affidavit provided by Mountain Coal Company must be reviewed and coltsidered with <br />caution. Note that statement number 5 in the affidavit states "...I occasionally provided <br />copies of the subsidence monitoring reports to inspectors from the Colorado Mined Land <br />Reclamation Division...". This may be true, but this statement does not verify, in any way, <br />that the reports for 1991 and 1992 were submitted for formal filing with the Division. The <br />affidavit merely verifies that some reports were provided at some unknown time, for perusal <br />by our staff (individuals unknown), probably in conjunction with our normal records checks <br />during complete inspections. It is highly unlikely that three different reports were lost by <br />our staff. <br />