ENFORCE33500

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 9/8/1997
• Doc Name: WEST ELK MINE PN C-80-007 NOV CV-97-009
• From: MOUNTAIN COAL CO
• To: DMG
• Violation No.: CV1997009
• Media Type: D
• Archive: No

Mountain Coal Company
West Elk Mine
Post Office Box 597
Somerset, Colorado a1434
Telephone [phone]
Fax [phone]
September 02, 1997
~EC~iv~~
SEP 0 8 1991
~iY151Cn Oi MlnCrrl~C a uooiq~y
Mr. Michael Boulay
DIVISION OF MINERALS AND GEOLOGY
Office of Mined Land Reclamation
1313 Sherman Street, Room 215
Denver, CO 80203
Re: West Elk Mine, Permit No. C-80-007, NOV No. CV-97-009
Dear Mr. Boulay:
iii iiiiiiiuii~~ iii
Mountain Coal Company (MCC) has received the termination notices for Notices of Violation
(NOV) Nos. CV-97-008 and CV-97-O10. Your telephone messages to both Christine Johnston
and I on August 29, 1997, stated that NOV No. CV-97-009 was not terminated because the
abatement steps had not been completed. The abatement steps were as follows:
1) Provide a detailed mitigation and reclamation plan for the slide and channel area by
August 30, 1997.
2) Implement the detailed mitigation and reclamation plan by October 31, 1997.
Based on the information and discussions provided below, MCC believes that this NOV should be
terminated, as well, as the abatement steps have been completed.
Per Dr. Pendleton's recommendation, on July 16, 1997, MCC submitted (and the Division
subsequently approved) an action plan for monitoring, evaluation and any necessary redesign of
this road section and/or of the dewatering borehole road (from alight-use to a haul road). In
addition, MCC proposed to carefully remove fill material from the failed area. The approved
action plan stated that the approximate date for the submittal to CDMG of evaluations and
redesign of the failed road section would be October 1997.
As stated in the action plan, and MCC's letter of August 11, 1997, to Michael Long requesting
that he vacate all three violations, MCC has been closely monitoring the failed fill area and have
confirmed the failure occurred in the foundation below the fill. Surface survey data shows that
very little movement (less than 2/10 of a foot) has occurred at any surface location and the stream
remains un-damaged and in free-flowing condition. MCC has also lowered the road fill elevation
by several feet and has also "benched" areas of the outslope. At this time, MCC's approved
reclamation plan (per PR 07) remains unchanged for both the fill area and the stream buffer zone.