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_~, <br />ARCO~i <br />~ Legal <br />555 Seventeenth Street <br /> Denver, Colorado 80202 <br /> Telephone 303 293 4246 <br /> Fax 303 293 4098 <br /> R. Kirk Mueller <br /> Senior Attorney <br />December 30, 1997 <br />RECEI __~ <br />JAN n 7 ~qoq <br /> <br />VIA FAX 832-8106 <br />Dave Berry <br />Division of Minerals & Geology <br />13 i 3 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: NOV CV-97-022, West Elk Mine, Permit No. C-80-007 <br />Dear Dave: <br />~I~ II~I~~II~II~~ I~~ <br />As you know, Mountain Coal Company ("MCC") has been vigorously <br />investigating the landslide and water discharge that are the subject of the above- <br />referenced Notice of Violation in an effort to determine (1) the muses of the <br />slide, and (2) the source of the water emanating from the hillside to the east of <br />the slide. At the meeting between technical consultants for the Colorado <br />Division of Minerals and Geology and MCC (which you and I also attended), <br />MCC described the status of its current investigation and our preliminary <br />conclusions. In particular, we explained that there are no indications that the <br />slide was caused by any identifiable source of water. Likewise, we have been <br />unable to identify the source of the water that is currently discharging in the <br />vicinity of the Edwards Mine portal to the east of the slide although we have <br />determined that water has historically been present in the vicinity of the seep <br />(e.g. in the Bear reclaim tunnel). <br />The above-referenced NOV requires MCC to submit, by December 31, 1997, a <br />"detailed mitigation plan to prevent offsite discharge of mine waters" and to <br />"prevent the adverse offsite impacts ...now occurring as a result of the offsite <br />discharge of mine waters and the associated landslide ...." Because our <br />investigation to date has not revealed a connection between the slide and the <br />discharge, nor between the discharge and operations at the West Elk Mine, and <br />because our investigation of the slide and discharge is continuing, MCC <br />respectfully requests that the abatement requirement be deferred or suspended. <br />At a minimum, MCC requests that the deadline for an abatement plan be <br />deferred until February 24, 1998. Alternatively, the NOV could simply be <br />rescinded while our investigation, as well as Bear's investigation, proceeds. <br />Allaniic Ric~neltl CumUany <br />