2014-04-30_GENERAL DOCUMENTS - C1981014 (3)

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6/1612014 State.co.us Fecutive Branch Mail - Fwd: letter to Dave Berryand copied to other staff- A letter to DRMS dated 4/23/14 indicates on the letterhead: Linda Saunders and Tena Gallagher, members 34515 Forest Park Dr. Elizabeth, CO 80107 -7842 A 4/23/14 check of the Colorado Secretary of State's website by Mary Rodriguez of the Coal Program found no information regarding K2T LLC. However, it is our understanding that Tena Gallagher resides in Danville, California. A 4/24/14 check by Mary Rodriguez of the California Secretary of State's website found a listing for "K2T Investments, LLC ", with an address of 148 South Beverly Drive, Beverly Hills, CA, 91212. It is not certain whether "K2T LLC" mentioned in the Southfield permit is the same entity as "K2T Investments, LLC" found on the California Secretary of State's website. (2) K2T's designated agent/representative As mentioned previously, Colorado's Coal Act requires information regarding resident agents for owners of property to be mined IF those property owners are business entities other than single proprietors. As also mentioned previously, the corporate structure of K2T 1K2T LLC is not described in the Southfield permit, and is therefore unknown at this time. Nevertheless, the following information regarding a contact person for K2T is provided in both the "Surface Ownership" and "Mineral Ownership" sections of the Southfield permit: K2T c/o Linda Saunders 34315 Forest Park Elizabeth, CO 80107 Regarding "K2T Investments, LLC", the California Secretary of State's website lists that entity's "Agent for Service of Process" as "John D. Kopatsis, 148 South Beverly Drive, Beverly Hills, CA 91212 ". (3) K2T's ability to intervene in the NOV and request a hearing before the MLRB NOV CV2013002 was issued by the Division to EFCI on 1/28/2013 for the company's "failure to ensure that monitoring well MW -NW continues to function as designed ". • Well MW -NW is situated within the property boundaries of "Vento Group ", according to information extrapolated from Maps 1, 12, and 33 (attached) in the Southfield permit. The Southfield Mine's North Dewatering Well (aka "North Entry Well ") was converted to monitoring well MW -NW in 2003 via Technical Revison TR35 to the Southfield permit. According to information scanned in to Laserfiche, this was done at the recommendations of DRMS staffpersons Kent Gorham and Jim Stark (the lead Specialist of the Southfield Mine at that time), who felt that any water quality and water quantity data that might be obtained from the well would be useful for Phase III bond release hydrology determinations and because five other wells previously completed in the mine's workings (MW -7A, MW- 713, MW8, MW 10, and MW22) were in 2003 either being reported as dry or were no longer being monitored. The concern regarding the condition of well MW -NW was brought to DRMS's attention not by any of the three entities listed in the Southfield permit under "Vento interests ", but rather by an adjacent landowner, Dr. Doug Corley of The Corley Company. Dr. Corley raised his concern in an e-mail to Janet Binns dated 3/19/12, in which he states, "1 also believe that South Field has reached its final maximum filling level about three hundred years sooner than predicted. 1 am unable to prove this at this point because of a limited number of monitoring wells and particularly because the NWMW [Dr. Corley's usage] is dry. I believe that the reason the NWMW is dry is because the casing is blocked off and does not communicate with the mine void". • The Division conducted inspections on 3/27/12, 4/17/12, 5/15/12, 9/17/12, and 1/23/13 in response to Dr. https:Hmail.g oog le.corrVniai I /u/0 / ?ui =2 &i k= b46be11 b9e&�Aew--pt& search= inbox&th= 145b4l2884950le6&si m1= 145b4l2884950l e6 2/7