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III IIIIIIIIIIIII III <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />U ! 3 Snr. man 5. ,Room _' 1 i <br />Denver, Colorado 80?03 <br />Phone: 1303) 866-355i <br />FA;(: 13031 832 8106 <br />July 5, 2000 <br />Jerry Koblitz <br />Principal <br />Greystone Development Consultants <br />5231 South Quebec Street <br />Greenwood Village, CO 80111 <br />RE: NIR-82, Extend Culvert C-24, New EIk Mioe, #C-81-012 <br />Mr. Koblitz: <br />~~+ u <br />DIVISION Of" <br />MINERALS <br />Sc <br />G EOLOGY" <br />0.EC LA MATION <br />MININ G•SAFETY <br />Bil I Owens <br />Governor <br />Greg E. Walther <br />E*ecubvr Director <br />nfichael B Lons <br />Division D~recmr <br />The Division of Minerals and Geology has completed review of Minor Revision No. 82 for the <br />New Elk mine. This revision proposes to extend culvert C-24 over an azea of subsidence and <br />remove culvert C49 from the permit. <br />With regard to culvert C-24, the Division is not in favor of using a culvert to bridge this area to <br />arrest subsidence. If the culvert were used as a temporary measure for a short period of time, that <br />would be acceptable. However, the long-term stability of this area would be in question until it <br />is demonstrated that surface flows can pass over this area without further settlement. Ultimately, <br />a period of performance without any artificial diversion would be required. <br />The Division believes Rule 4.07. Sealing of Drilled Holes and Underground Ooenines is the <br />appropriate Rule that addresses the mitigation of this situation. Specifically, Rule 4.07.1(1)(b) <br />AND (c) require that "exposed underground openings be plugged, sealed, or otherwise managed, <br />as approved by the Division to...minimize disturbance to the prevailing hydrologic balance <br />and...ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and <br />adjacent area." Rule 4.07.3 Permanent Sealing clearly identifies the measures required for <br />permanent sealing of this opening. Please submit permit text, with appropriate drawings, if <br />necessary, for Division review. <br />STATE OF COLORADO <br />Regarding culvert C-49 at the far west end of the West mine, please provide supporting evidence <br />that this culvert was established prior to SMCRA and was not necessary for mine operations after <br />post-law permitting of the mine. The culvert does lie within the permit boundary and Map3, <br />