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''~ Mountain Coal Company West Elk Mine Post Office Bax 591 Somerset, Colorado 81434 Telephone 970.929-5015 Ul.L ~ 2 19'.17 December 17. 1997 Mr. Michael Long Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 iiiiiiiiiiiiiiiiiii 999 RE: Request to Vacate NOV CV-97-020; West Elk Mine; Permit No. C-80-007 Dear Mr. Long: Mountain Coal Company (MCC) respectfully requests the Division vacate the above referenced Notice of Violation (NOV) based upon the attached information. Attached are MCC's responses to the incompleteness notice for Minor Revision No. 208 and responses to the Division's review letter of the 1996 Annual Hydrology Report. Both responses fully assert our position as to why the violation should be vacated. To summarize MCC's position: •MCC was not aware that the Division was requiring that our permit be changed to incorporate the items in Minor Revision No. 208. Nor was there a date established by the Division in which the incompleteness issues were to be addressed. •In addition to providing a minor revision application on February 13, 1996, which was requested by the Division in a letter dated December 9, 1996, to improve the hydrologic monitoring program, MCC also provided responses to the December letter in a letter dated February l0, 1997. The February letter explained our position as to why all of the requested improvements had not been included in the revision. The incompleteness letter for Minor Revision No. 208 does not appear to have even considered those responses. •Discussions with the Division had been held regarding the items presented in the incompleteness letter for Minor Revision No. 208. MCC had not been ignoring their request, as assumed in the NOV. •The monitoring network was and is currently being evaluated by MCC and our consultants, as previously discussed with the Division. The NOV does not appear to take these actions into consideration. •Many of the flows, lab analyses, and field parameters had been collected and reported but had inadvertently been left offthe tables presented in the AHR.