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iii iiiiiiiiiiiu iii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department ul Natural Resources <br />1313 Shw man 1t.. Room 215 <br />Denver, CO li0203 <br />Phone' fJ071266J 56: <br />FAX: 0071 E32-8106 <br />February 19, 1993 <br />Ms. Kathleen Welt <br />Mountain Coal Company <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />RE: Notice of Violation C-93-006; West Elk Mine; File <br />NO. C-80-007 <br />Dear Ms. Welt; <br />of cow <br />tiI~ q <br />,1~~ <br />M ~'o~ <br />\~+nssd <br />~ fB ]6 <br />Rov Romer <br />Governor <br />Michael B. Long <br />Div lion Dvenor <br />Enclosed is Notice of Violation (NOV) C-93-006, issued to Mountain <br />Coal Company for failure to submit a Subsidence Monitoring Report <br />on a semi-annual basis as required by page 2.05-147 of MCC's permit <br />and section 2.05.6(6)(c)(i)(E) of the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining. <br />The Division is issuing the violation based on the fact that a <br />semi-annual report was not received from MCC during the period from <br />October 1990 until a report was received January 19, 1993. The <br />submittal of these semi-annual reports is considered to be very <br />important, because future mining advancements are conditioned upon <br />the results of this survey monitoring program. Since MCC is <br />planning to propose, in the near future, a mine plan which mines <br />beneath potentially critical renewable resource lands, it is <br />imperative that a demonstration can be made to show that impacts <br />can be controlled through a subsidence control plan. The Division, <br />must therefore, have the opportunity to review the subsidence <br />reports on a periodic basis. <br />The NOV form lists three steps that must be accomplished on or <br />before April 19, 1993, in order to successfully abate the <br />violation. The following will provide further detail in what must <br />be included in each of the abatement steps. <br />STEP 1: The record is unclear as to when the Subsidence <br />Monitoring Reports are due. It appears that most of the <br />surveys are completed in June and October; therefore, the <br />Division proposes that the semi-annual reports be submitted by <br />July 31 and November 30 of each year. In order to fulfill <br />this abatement step, MCC must agree with the dates set forth <br />by the Division or propose alternative dates to be accepted by <br />the Division. <br />