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Mr. Robert Hagen -2- December 6, 1993 Grand Mesa Properties, initial notice was sent to Grand Mesa Properties on December 13, 1984. Additional clarification was requested by Grand Mesa Properties regarding the specifics of the mine plan, and West Elk Coal Company provided the additional information on January 8, 1985. Subsequent to the exchange of information, aright-of-entry agreement was executed between Grand Mesa Properties and West Elk Coal Company. This agreement specifically addresses access to Grand Mesa Properties' surface to assess and mitigate the effects of undermining. Based upon a mine plan map, lease production data and an affidavit submitted by MCC, undermining of the Grand Mesa property in question occurred in late July 1985, and the required notification process occurred six months prior. Mountain Coal Company, formerly West Elk Coal Company, effectively notified Grand Mesa Properties, as evidenced by the exchange of correspondence and documents which occurred during late 1984 and early 1985. Grand Mesa Properties knew of the plans to undermine their property, and the nature of the mining was also understood. This is further substantiated by the October 18, 1993 letter from Grand Mesa Properties which reiterates the landowner's receipt of proper notice. Mountain Coal Company has also provided documentation which indicates that the USFS effectively received notice of the MCC mine activities, and that the intent and purpose of Rule 4.20.2(1) - 13) have been met. Specifically, the attached correspondence dated August 9, 1984; March 19, 1985; August 7, 1985; August 26, 1985; and November 1, 1985 indicate that the USFS was fully aware of the MCC plan to undermine USES property. In fact, the USFS issued a Special Use Permit to West Elk Coal Company, which allowed the installation of a subsidence monitoring network on the subject land. As final verification of this, the USFS issued an October 14, 1993 letter which specifies their satisfaction with the notice provided by MCC. In summary, MCC has complied with the intent and purpose of Colorado Rule 4.20.2(1) - (3) regarding their notification to both Grand Mesa Properties and to the USFS. Although this notification was somewhat fragmented over time, effective notice was provided both in content, and in a timely manner. As such, we believe that a violation has not occurred. For the reasons stated above, the Division of Minerals and Geology has determined that the alleged violation does not exist. We therefore respectfully request that the Deputy Director determine that the DMG has taken appropriate action in resolving this issue. Please contact David Berry of the DMG staff if you have questions or comments. Sincerely, Steven G. Renner Coal Program Supervisor SGR/bjw cc: David Berry Christine Johnston m:\oss\bjw\spr.mce