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MOUNTAIN COAL ~~ ? ~ COMPANYL.L.C. A Subsidiary of Arch Western Resources. LLC October 30, 1998 Mr. Michael Long DIVISION OF MINERALS AND GEOLOGY Office of Mined Land Reclamation 1313 Sherman Sveet, Room 215 Denver, CO 80203 RECEIVED NOV 04 1996 C'~• - rats & Geology /n~~ Re: West Elk Mine, Permit No. C-80-007, Request to Vacate NOV No. CV-98-009 Dear Mr. Long: III IIIIIIIIIIIII III 999 West Elk Mine P.O. Box 591 5174 Highway 133 Somerset, CO 81434 Phone: (970)929-5015 Fax: (970)929-5595 Mountain Coal Company, LLC ("MCC") respectfully requests that the Division vacate Notice of Violation (NOV) No. CV-98-009 for the reasons presented in the following discussions. The NOV, issued on October 16, 1998, was for failure to confine mining operations to lands within the permit area (per Rule 4.01.1 [8]). More specifically, the NOV alleged that MCC had stockpiled clean soils excavated from a new pond under construction in an area that appeared to be just outside of MCC's permit boundary. As background, MCC began the train loadout ("TLO") drainage improvements construction project (approved per TR 82) on October O5, 1998, with the start of the excavation for the new concrete-lined sedimentation pond in a very confined azea between the railroad tracks and west of the existing TLO building. Along with the new pond, the project includes a sedimentation basin and an oil sepazator located at the pond inlet, regrading and surfacing of the TLO area, and backfilling the current, inefficient sedimentation pond. It was by MCC's own initiative, and not remediation of a compliance issue or other directive, that the design and construction of these improved facilities is being completed. As you know, the working space in and around the train loadout is limited by three sets of Union Pacific Railroad tracks, the old Highway 133, the new Highway 133, and the river. As such, the space to stage construction equipment and materials, conduct the construction work, and to allow continued loading of trains is very limited. The construction of the pond required the excavation of soils, and because these same soils would later be used to backfill around the concrete walls of the pond and also to backfill the old sedimentation pond, the nearest reasonable stockpile location was identified. MCC carefully selected the stockpile site, considering that the stockpile was temporary and would only contain clean soils, that the highway, railroad or construction activities would need to simultaneously continue, and that no new disturbance would be caused (the area is part of a turnout along the old Highway 133).