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iii iiiiiiiiniu iii <br />STATE OF COLC~l~D0 <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmern of Natural Resources <br />1311 Sherman 51.. Room 215 <br />Denver, Giloradu SO'_O3 <br />Phunr•: 1:1(131 N66~3567 <br />FAX: 130.(1 H3?-HI06 <br />January 20, 1998 <br />Mr. Phil Schmidt <br />Engineering Manager <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: Request to Vacate NOV CV-97-020, West Elk Mine, Permit No. C-80-007 <br />Dear. Mr. Schmidt: <br />I have reviewed your letter of December 17, 1997, in which you request that I vacate Notice of <br />Violation CV-97-020. Based upon the information available at this time, it appears that the <br />violation was properly issued. <br />U~b~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ruy Romer <br />Governor <br />lames 5 Lochhead <br />Eaecutrve Direcbr <br />Michael B Long <br />Divis~an Director <br />In considering this matter, I also reviewed the Notice of Violation file, the 1996 Annual Hydrology <br />Report files, and the Minor Revision No. 208 file. It is of significant concern to me that the West <br />Elk Mine water monitoring program has not been implemented in full compliance. Required <br />monitoring stations must be maintained to ensure that all aspects of the required monitoring plan <br />can be implemented. At a minimum, for whatever reason, if monitoring cannot be implemented as <br />required, the Division should be notified within that monitoring period. When monitoring locations <br />are damaged, then such stations must be replaced, unless revisions to the permit are approved which <br />show that the stations are no longer needed. If changes to the existing monitoring plan are needed, <br />then a revision can be proposed be Mountain Coal Company. <br />This matter should be referred to the assessment conference process, if you aze not satisfied with <br />this decision. Please call if you have any questions. <br />Sincerely, <br />~- <br />r` <br />Michael B. Lono <br />Director <br />cc: Mike Boulay <br />David Berry <br />Susan McCannon <br />m:bss\jrc\rac97020 mbl <br />