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III IIIIIIIIIIIIIIII 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY DePrrtmem of Nalu ral Resources 111 5 Sherman 51.. Room ?.5 Dcm~cr. Colorado BO!0.7 Phone: 0071 Nfi6-75n7 FAr~ UOJI 87'~810G July 2~, 1997 Mr. Phil Schmidt Mountain Coal Company PO Box 591 Somerset, CO 81434 RE: West Elk Mine Facilities within Sylvester Gulch, File C-80-007 Deaz Mr. Schmidt: II~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5. Lnchhead E,rcwivr Oveclnr micharl 8. Long Dnis~nn D'mccmr I have reviewed the enclosed inspection report, issued by Michael Boulay and Jim Pendleton of the Division staff. This report documents their observations and inspection of the West Elk Mine site on July 9 &10, 1997. As a result of that inspection, also enclosed, please find two Notices of Violation. One NOV is issued for impacts to the hydrologic balance resulting from road berm construction encroaching upon the Sylvester Gulch drainage. The second NOV is issued for environmental impacts resulting from the mass instability of the haul/access road embankment construction. Both of these enforcement actions aze documented and described in further detail in the inspection report. Sepazate from the above enforcement actions, I am ordering that the West Elk Mine permit sections which address operational and reclamation stability of facilities construction within Sylvester Gulch be revised. The mass instability which has occurred eazlier this month in the haul/access road cut and fill construction areas demonstrates that either the approved design and construction parameters were not properly implemented on the ground, or the approved design and construction pazameters were not adequate to guazantee stability of the resultant structures and facilities. Based on our inspection and conversations with IvICC staff we do not have reason to believe that MCC failed to follow the approved design and construction parameters. Rather, we find that the design and construction parameters submitted by MCC were not adequate to guazantee stability of the resultant haullaccess road cut and fill structure. We also find that all the cut and fill structures and facilities to be built within Sylvester Gulch are based upon the same design methodology and assumed construction parameters. Therefore, our concern about inherent stability extends to all other cut and fill structures and facilities to be built within Sylvester Gulch. Therefore, in accordance with Rule ?.08.3, I find that revision of the geotechnical stability analyses for those structures and facilities is required at this time. Please submit a revision which re-addresses the long-term operational and reclamation stability of those stntctures in light of the fact that one structure has already failed. The technical revision should be submitted as soon as possible, but no later than August 29, 1997. In order to assure that this revision is prepared, submitted and reviewed in the most efficient manner, I strongly suggest that