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iiiiiiiiiiiiiiiiii <br /> STATE OF COLC~i`n~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmeni of Natural ResourCCs <br />I3I 4 Sherman 51., Ruont '_ 15 <br /> <br />Dcnvcr. Colorado SU?V3 II~ <br />Vhunc: 13031 tlbb-3567 <br />FA%: UOSI tl3'?~NIUb <br /> DEPARTMEfVT OF <br /> NATURAL <br /> RESOURCES <br />March 30, 1998 Ruy Romer <br /> Governor <br />Mr <br />Phil Schmidt lames S. lochhead <br />. Evecwive Dueaor <br />Mountain Coal Company m¢hael B Long <br />P.O. Box 591 Division Dile•CiOr <br />Somerset, CO 81434 <br />RE: Notice of Violation CV-97-022 -West Elk Mine - C-80-007 <br />Dear Mr. Schmidt: <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 aze 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 azeas of concern. <br />It continues to appeaz 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 discharge located at or near the Edwazds <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 2I, 1998 and March 30, 1998, from Dr. ]im 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 fault 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), [he MCC Technical Revision Number 80 (TR80) submittal, numerous correspondence from <br />MCC regarding the occurrence and management of fault inflows to the West Elk Mine, and reports <br />