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iii iiiiiiiiuiiiiii <br />STATE Or LUi.U1tAD0 <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl ut Nalu ral Resources <br />111 }Sherman 51., Room 115 <br />Dr•nvcr, Grluoulu 80107 <br />Phunc (71171 866 3567 <br />FAY: (5031 A} r.g106 <br />March 30, 1998 <br />Mr. Phil Schmidt <br />Mountain Coal Company <br />P.O. Box 59l <br />Somerset, CO 81434 <br />RE: Notice of Violation CV-97-022 -West Elk Mine - C-80-007 <br />Dear Mr. Schmidt: <br />~I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Rov Rnmer <br />Governor <br />Wmrs 5. Loc hhmA <br />Evrcmive Dueclor <br />Michael B. long <br />Division DveCOr <br />The Division of Minerals and Geology (DMG) has completed a review of the situation which led to <br />the issuance of NOV CV-97-002. At this time, DMG does not believe that Mountain Coal Company <br />(MCC) has adequately refuted the asserted connection between the Bear Mine landslide, the Edwards <br />Mine discharge and water storage activities at the West Elk Mine. Rather, it appears that the <br />preponderance of available information and evidence substantiates the connection of these activities <br />and occurrences. However, we are committed to continuing our dialogue with MCC on this matter to <br />ultimately base our final decision on the most complete body of information possible. Therefore, this <br />letter and its attachments are meant to provide MCC with as much information as possible about our <br />current thinking, questions and ongoing areas of concern. <br />It continues to appear that the landslide at the Bear Mine has been initiated by a new source of water, <br />and that the water is emanating from the B and C seam strata behind the slide. It also appears that <br />this new source of groundwater is expressing as the new dischazge located at or near the Edwards <br />Mine portal. We enclose a memorandum dated February 17, 1998 from Dr. Jim Pendleton which <br />explains our position in this matter. <br />We also enclose memoranda dated March 2l, 1998 and March 30, 1998, from Dr. Jim Burnell and <br />Dr. Harry Posey, respectively, which respond to the information presented by Dr. Mayo (January 20, <br />1998 report), regarding the geochemistry of the West Elk Mine foul[ waters and Edwards Mine <br />discharge. Drs. Burnell and Posey both conclude that the water now expressing at the Edwards Portal <br />could be draining from the sump located in the West Elk Mine Northwest (NW) Panels sealed sump. <br />The sump water quality analyses presented by MCC with the TR80 submittal, are generally consistent <br />with the water chemistry conclusions presented by Drs. Burnell and Posey. Finally, it is important to <br />note that MCC specifically predicted that NW Panels sump water would express at various locations, <br />including the Edwards Mine portal. Such a discharge is now occurring. <br />All available documents, including Bear Coal Company (BCC) and MCC Annual Hydrology Reports <br />(AHR), the MCC Technical Revision Number 80 (TR80) submittal, numerous correspondence from <br />MCC regarding [he occurrence and management of fault inFlows [o the West Elk Mine, and reports <br />