2015-07-13_REVISION - C1981014 - Laserfiche WebLink

Home Browse Search

Mr. Leigh Simmons July 9, 2015 Page 5 The numerous issues concerning the assumption that MW -NW is no longer a valid monitoring point at the sealed and reclaimed Southfield Mine have been debated and well documented over the last few years. The DRMS completed a detailed and thorough technical analysis (June 14, 2013) and that analysis affirmed the previous finding that no ground water point of compliance, in accordance with Rule 4.05.13(1)(b), was necessary or appropriate for the Southfield Mine. The DRMS technical analysis also states that "The determination ofprobable hydrologic consequences prepared for the PAP by the operator appears to be consistent with recent Findings made by the DAMS and this is supported by the groundwater data presented in the Annual Hydrology Reports." The DRMS technical analysis also states that "Groundwater in the flooded mine workings as well as water in coal or low permeability rock interbedded with coal down gradient of the flooded mine workings does not need to meet water quality standards ". The DRMS published "Guideline Regarding Selected Coal Mine Bond Release Issues" clearly state that "Actual water use and not water right shall be considered in assessing material damage." Any actual ground water use (or user) impacted by the Southfield Mine has been properly mitigated. EFCI is not obligated to provide drinking water wells to any landowners unless a previously existing, permitted, drinking water well was negatively impacted by mining operations. No environmental damage or issue related to the public health or environment exists. Furthermore, there is no policy or practice of the DRMS that requires a sealed underground mine to collect water level and water quality information over the revegetation liability period, nor is there a Rule, regulation, or policy requirement that predictions made in the Probable Hydrologic Consequences section of the permit application must be verified and/or proven accurate or inaccurate prior to final bond release. There is no reason to believe that water presumed to be flooding the sealed mine workings is any different than the water encountered and measured as mine inflow during active coal operations. Holding EFCI to standards and requirements with regard to the monitoring of mine water from the sealed mine workings while wholly ignoring this requirement at numerous other mine sites in the State is arbitrary and capricious, at best. This fact is well documented repeatedly in the DRMS mine records throughout the State of Colorado. EFCI strongly believes that any small amount of additional water level and/or water quality information that might be collected from a new well over the next few years in the 20 -foot vertical interval between the mine floor and the now damaged casing is of no consequence and is not worth the considerable expense and risk. Mine water within coal seams, both mined and un -mined, is of known poor quality. This is very clearly and accurately supported by the DRMS technical review. EFCI has successfully completed award winning mining and reclamation operations in the State of Colorado for over 40 years. EFCI has gone well beyond what is required to satisfy the needs and demands of the landowners and the DRMS. EFCI does not believe