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~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimem of Natural Resources <br />1311 Sherman $t., Room ^_1 S <br />Denver, Colorado 80207 <br />Phone. ! 3071 866-3567 <br />FAS 1.70}1832.8106 <br />September l4, 1998 <br />Christine Johnston <br />Mountain Coal Company <br />P.O. Box X91 <br />Somerset CO 81434 <br />RE: West Elk Mine (Permit No. C-80-007) <br />Proposed Decision - Ivlinor Revision No. 248 <br />Revision to Abatement Plan for NOV CV-97-020 <br />Dear Ms. Johnston: <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames S Lochhead <br />&ecu'~.ve Directrn <br />Michael B. Long <br />Division Drteaor <br />Enclosed is the proposed decision form for Minor Revision #248, Revision to Abatement Plan for NOV <br />CV-97-O10, for the Failed Fill Area of Sylvester Gulch. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within IS days of final approval. <br />We suggest that the approved pages be added to the West Elk permit, volume 10A, as pages 15a and I Sb. <br />On a recent inspection we observed a small surficial failure near the south boundary of the failed fill area. <br />This failure appeared to be caused by a seep which had saturated the area, resulting in a flo\v-style slope <br />failure. We believe the proposed trench drain installation should stabilize the effected area. However, we <br />suspect that the proposed installation of silt fence "at the outlet of the trench drain to spread out the flow <br />and control erosion," may create maintenance problems from channelized flow creating erosion. If so, <br />MCC may have to armor an outfall to accommodate the effluent flow and prevent erosion. <br />The Division opinion is that it is unlikely that IviCC can constntct at7y significant surface facilities within <br />the "failed fill" area. We will support retaining that option for the time being, however. <br />With the approval of this revision, the Division feels that MCC should immediately implement this plan to <br />abate the NOV. <br />-f you have any questions, please feel free to call me or Larry Routten. <br />Sincerely, <br />Jim Burnell <br />Environmental Protection Specialist <br />STATE OF COLCIII1111111111111111 <br />