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• , iii iiiiiiiiiiiiiu STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room ?IS Dem~er, Colorado 80?03 DIVISION O F Phone: 13031 866-3 56 7 MINERAL S FAR: (303) 83?-8106 & GEOLOGY R E C L A M A T I O N MI NING•SAFETY INTERNAL MEMO Bill CMens Governor Greg E. Walther Esecutive Director TO: Dan Hernandez 6 January 2000 michzel B Long Divisron Direcor FROM: Jim Bumel. II SUBJ: West Elk Vtolatlon, NOV CV-99-015 Dan, a few words on the West Elk violation in this packet. 1 have included three maps: (1) the currently operative, official B-seam mine plan map; (2) the B-seam mine plan map which will become oftcial when PR-08 is approved; (3) the map from the federal mine plan action. I have highlighted the 48-acre "salient" on the 2nd of those maps. The whole situation has been handled very amicably by all involved since the beginning. We were, in fact, dependent upon Mountain Coal's cooperation to provide the information that they had actually mined beneath the block in question. They were forthright from the beginning about providing us with the data. The development work they had started has since stopped and is not going forward. They did that on their own without prompting from us. Only early development work had started and no panels were begun. None of us feel that there was actual willful disregard for the maps or the plans, but rather an oversight of the fact that the small parcel in question was not included in the mine plan action when PR-06 was approved. Mountain Coal meant for it to be and never noticed that it was removed from the approved area when the mine plan action was done. Dave Berry and Larry Routten have stated from the beginning that Mountain Coal's attitude and cooperation would be taken into consideration during the penalty assessment phase.