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<br />-~. <br /> <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nalural Resources <br />1 311 Sherman SI , ftppm 715 <br />Denver, CO 80203 <br />Phone: 0011 B66~ 1567 <br />FAX:13031812-8106 <br />DATE: June 11, 1993 <br />TO: Members of the Mined Land Reclamation Board (Board) <br />°' CO~o <br />`~' b <br />M';o <br />r8 i6 ~ <br />Ruy Romer <br />Gnvernrn <br />Michael B. 1 onR <br />U rvivon Dnenor <br />FROM: Christine E. Johnston, Reclamation Specialist <br />RE: Formal Public Hearing; West Elk Mine; File No. C-80-007; <br />Notice of Violation C-93-006 <br />Before the Board this month, is a request from Mountain Coal Company <br />(MCC) for formal review of Notice of Violation C-93-006. The Division <br />of Minerals and Geology (Division) respectfully requests that the <br />Board uphold the Division's Notice of Violation and assess an <br />appropriate civil penalty. Two procedural options are available, and <br />these are discussed below. Additionally, pertinent background <br />materials are included with this packet. <br />Procedural Options <br />The Board has two options regarding the procedure by which this matter <br />may be handled. These are as follows: <br />1. Pursuant to the procedures specified by Rule 5.04.4 and <br />5.03.5(2), "... the Board shall cause an investigation to be <br />conducted by the Division as it deems appropriate, and the Board <br />shall receive the completed report of such investigation before <br />the hearing." The investigation would be requested this month; <br />the hearing would occur next month. <br />We recommend this option. Although the investigation might <br />reiterate information already in the file, there is the <br />probability that new arguments or documentation may be presented. <br />Compilation of this information into a concise written report <br />would serve to both simplify and expedite the hearing process. <br />We believe that this would benefit all parties involved. <br />~ III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />2. If the Board decides that such an investigation is not <br />' appropriate, then the hearing should proceed this month. <br />