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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Na[ural Resources <br />1313 Sherman 6t., Room 215 C O L O RA D O <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 866-3567 M I N A RA L S <br />FAX: (303) 832106 G E O L O G Y <br /> AECLANATION•NINING <br /> SAFETY•SCIENCE <br />Date: December 12, 2005 Rill ovrenE <br />Governor <br />To: David A. Berry, Coal Program Manager RGS:en George <br />Executive Director <br />From: Daniel I. Hernandez, Senior Environmental Protection Specialist ~~ ~ Ronald W. CaRany <br />Division DIreCIOI <br />Natural Resource Trustee <br />RE: Status of Mountain Coal Company Compliance with DMG Letter <br />Of December 1 2005 Pertaining to Lay-Down Area and Fire-fighting <br />Foam Spill in Section 31, T13S, R90W, Gunnison County, Colorado <br />Mountain Coal Company (MCC), perTnittee of the West Elk Mine in Gunnison and Delta Counties, <br />informed DMG on October 21, 2005 that they were "dealing with a spon corn circumstance" in the <br />mine's underground workings. MCC discussed the need for surface borehole drilling for the purpose <br />of injecting water, nitrogen and fire-suppressant foam into the mine so as to control the circumstance. <br />MCC subsequently submitted, and DMG reviewed and approved, several revisions to the West Elk <br />Mine permit in support of these activities. <br />On November 14, 2005, MCC informed us that during the weekend of November 12-13, 2005, a <br />rainstorm had knocked over six empty barrels offire-suppressant foam concentrate stored at a "lay- <br />down azea" neaz the Dry Fork of Minnesota Creek, and that rain had transported foam concentrate <br />residue from the barrels into the Dry Fork. MCC informed us that the presence of foam in downstream <br />Minnesota Creek had been reported to MCC during the morning of November 12, 2005 by the Delta <br />County Sheriff's Office and the US Forest Service's Paonia Ranger District Office. <br />On November 15-16, 2005, DMG inspected the "lay-down area" and the potentially affected sections <br />of Minnesota Creek and the Dry Fork of Minnesota Creek. DMG determined that the presence of the <br />foam concentrate was not visible in the streams at that time; that activities occurring at the lay-down <br />area were related to coal exploration, mining, and fire-fighting activities; and that the "lay-down area" <br />was not described in the West Elk Mine permit or aDMG-approved NOI. DMG sent a letter to MCC <br />dated December 1, 2005 directing them to conduct six measures by certain dates to address these <br />matters. The following describes the status of MCC's compliance with these measures: <br />Measure #1: Submit an NOI or an NOI Amendment for the Lay-Down Area <br />Due Date: 12/9/05 <br />Status: Complied With Ahead of Due Date <br />MCC was directed to submit either an NOI or an amendment to an existing NOI that <br />adequately addressed all exploration-related activities occurring, or anticipated to occur, at the <br />lay-down azea. An amendment to existing NOI CX-2005-212-006 was submitted on 11(17!05, <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />