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• iii iiiiiiiiiiiiiiii <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmem of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Cobrado 80203 <br />Phone: 1303) 866 3567 <br />FA%: 13031 N32-8106 <br />July 11, 1997 <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Gnvcrno~ <br />Mr. Phil Schmidt <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Via FAX to (970) 929-5050 <br />Re: Inspection Issues - West Elk Mine - C-80-007 <br />Dear Mr. Schmidt: <br />lame 5. Loc hhead <br />Exec uo ve Dtrecmr <br />Michael8 Lnnp <br />Drv~sion Uuec mr <br />Several problems were noted during the Division's inspection of the <br />West Elk Mine earlier this week. This letter is written to advise <br />that we will be issuing a Notice of Violation for the activities <br />which resulted in light use road berm materials being deposited <br />into Sylvester Gulch. we are also reviewing the facts associated <br />with the large landslide caused by road construction activities in <br />Slyvester Gulch, and at this time, it appears that a separate <br />enforcement action will be taken as a result of the landslide. <br />Mitigation of the situation which caused road berm material to be <br />deposited in the Gulch began during the inspection. Please continue <br />to proceed with the mitigation effort in consultation with our <br />staff. <br />We advise that as Mountain Coal Company considers mitigation <br />options, no action should be taken that will worsen the damage that <br />has already occurred. Provide a detailed mitigation plan for <br />effective landslide repair as soon as possible. Also, we are in <br />receipt of the Minor Revision application which proposes the <br />installation of a culvert in Sylvester Gulch, at the base of the <br />landslide. We are concerned that the proposed plan may result in <br />additional and possibly unnecessary damage to areas not already <br />disturbed. We understand that the Sylvester Gulch channel must <br />remain open to convey flow, and we ask Mountain Coal Company to <br />consider whether the culvert can be placed onto the channel bottom <br />without the significant excavation proposed in the Minor Revision. <br />We recommend that the overall slide repair plan be submitted as <br />soon as possible so that we may consider possible options, which <br />STATE OF COLORADO <br />