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Page 2 of 5 <br />4.05.13(3)(a): With the submittal of TR40, EFCI explains that MWNW does not provide any <br />additional information not already provided by MW23 and MW65, and therefore, is no longer <br />required. <br />4.05.13(3)(b): EFCI submitted TR40 in accordance with this regulation and believes that, "Based <br />on this demonstration, the operator may request reduction or deletion of the monitoring program <br />or control system." <br />The Division disagrees with Ms. Saunders statement that, "To no longer monitor MWNW would <br />be non - compliance with these regulations." <br />2. The mining company has damaged MWNW by not removing a piece of wood 2 "X4 "X8" that is <br />lodged in the pipe 19 -20 inches [corrected to 19 -20 feet] above the mine void that they were to <br />be monitoring. <br />DRMS response: The Division issued NOV CV- 2013 -002 on January 28, 2013 as a result of <br />EFCI's failure to rehabilitate the monitoring well. <br />3. This was discovered by the DMRS staff when they put a camera into the pipe and discovered the <br />piece of wood and EFCI's monitoring equipment. <br />DRMS response: The Division observed the wood block during the September 18, 2012. <br />4. MWNW has always been reported dry by EFCI. <br />DRMS response: This statement is true and expected based upon the projected underground <br />recharge predictions. <br />5. This piece of wood needs to be removed so that EFCI can continue monitoring MWNW until <br />their final bond release and the property owners could monitor MWNW after EFCI's final bond <br />release. <br />DRMS response: TR40 proposes to eliminate MWNW from the Southfield Mine water <br />monitoring plan. The BBA report indicates that no additional information is gained from <br />monitoring MWNW that cannot be concluded from monitoring of MW23 and MW65. MWNW <br />is currently approved to be reclaimed when no longer needed (Southfield permit page 2.05.4 -29). <br />If the Vento Trust wishes to assume responsibility of MWNW, the Vento Trust will need to make <br />this request to EFCI. EFCI will need to submit a technical revision to the Division in accordance <br />with Rule 4.05.14. <br />Drill hole SF 87 -07 near MWNW had water in it recently. So it is possible that the mine could fill <br />up before the hydrologists projections in Scenario 2 and 3. <br />DRMS response: The statement that development drill hole SF 87 -07 "had water in it recently" <br />does not inform the Division with regard to when this measurement was taken nor at what <br />elevation the water level was measured in this hole. Based on information found in Exhibit 08 of <br />the Southfield permit, SF -87 -07 is located in the E '/2 SE 1/4 Section 24 T20S R70W. The surface <br />elevation is recorded as 6,254 feet. The hole was drilled to a total depth of 520 feet, and the well <br />was completed on October 23, 1987. The driller's report shows that the Red Arrow seam was <br />encountered at 466.9 to 472.7 feet below the surface. There are additional layers of sandstone, <br />