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Walden Coal does not have an explanation for why samples were not collected during the first or fourth quarters of last year. A water sample was collected in December, 1988 for the first quarter of this hydrologic year. An assumption was made in the annual hydrologic report that there was insufficient water in the wells to sample because that historically was the only reason that samples were not collected. It is possible that water sampling may have been overlooked while the mine was being reclaimed. Unfortunately, adequate documentation is not available in order to determine exactly what happened. It is, however, important to note that the failure to collect these samples did not result in any short or long term environmental damage nor did it significantly affect the historical record of water quality at the Bourg Mine. The Bourg Mine water monitoring wells have not been capped since the Spring of 1984 when a high level of hydrogen sulfide was discovered in them, creating a safety hazard. This situation was duly noted in the Division's "Mid-Term Review for Bourg Strip Mine, Walden Coal Company, C-021-81," dated May 9, 1985. The monitoring wells at the Bourg Mine have never had identification in the past because identification had never been requested. The two wells that will remain on the property through the bonding period will be marked with permanent identification as soon as possible. The fact that some of the wells had silted in is not new information to the Division as I had discussed the effectiveness of the water monitoring program with Mike Savage several years ago. It was felt, at that time, that the information being obtained from the wells was adequate to evaluate the Bourg Mine's effect on the water quality in Mann Draw. Please note that Walden Coal Company has received permission to remove all but two of the wells this Spring. The reasons for this request to vacate the violation are threefold. First, several of the problems noted in the violation were not valid. Second, all steps necessary to abate the violation were taken in a timely manner. The abatement steps taken include taking Water ieVEi anCi water gL'ality 6dTupieu a5 S:, OIS d5 d problem was noted, submitting a minor revision to change the monitoring program (done before the violation was issued), placing identification on the wells, and clarifying all of the other outstanding issues. Finally, Walden Coal Company does not believe that their actions merit the issuance of a violation. Thank you for your consideration in this matter. Sincerely, 9cak y J`a;xc~ Vice President