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._~ <br /> III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of N, rural Rewurces <br />131 }Sherman 51 . Room :15 ~ J <br />y <br /> <br />Denver, Colorado 80?O3 l <br />~ <br /> <br />Phnnc' (3071 866-3567 I I <br />FAX: (7031 87?-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br />August 5, 1997 <br /> Roy Romer <br /> <br />Mr. Mitch Rollings <br /> <br />Office of Surface Mining Governor <br /> <br />tames 5. Lochhead <br />Ezrcuiive Direnor <br />1999 Broadway, Suite 3320 <br /> <br />Denver, CO 80202-5733 Michael 8 Long <br />Division Director <br />RE: Ten-Day Notice X-97-140-370-001 TVl -West Elk Mine -Mountain Coal Company - <br />Permit No. C-80-007 <br />Dear Mr. Rollings: <br />This letter and the corresponding attachments aze provided by the Colorado Division of Minerals and <br />Geology (DMG), in response to the Ten-Day Notice (TDN) number X-97-140-370-001 TV 1. The TDN <br />was issued in response to a citizen complaint letter dated June 24, 1997, received by the Office of <br />Surface Mining (OSM), from Larry and Elaine Mautz. The TDN was received by CDMG on July 23, <br />1997. The OSM granted a one day extension for the submittal of this response to August 5, 1997. <br />The TDN describes alleged violations to Colorado rules 4.20.1, 4.20.3 and 2.03.6, caused by <br />underground coal mining at the Mountain Coal Company (MCC) West Elk Mine. Rules 4.20.1 and <br />4.20.3 address issues related to underground mine subsidence damage, and rule 2.03.6 addresses right <br />of entry to conduct mine related activities. Nearly al] the issues presented in the Mautz letter of June <br />24, 1997 have been previously investigated by CDMG and decisions regazding compliance have been <br />rendered by this agency. <br />In summary the CDMG has determined that [he issues presented by Lany and Elaine Mautz do not <br />constitute material damage or a violation of Rules 4.20.1 or 4.20.3, and that Mountain Coal Company <br />has provided the information required by rule 2.03.6. The bases for these determinations are presented <br />below. The following discussion is organized to correspond with the complaint topics listed in the <br />Mau[z letter of June 24, 1997. Copies of all documents referenced below aze attached for your review <br />and are organized in chronological order starting with the oldest document first. <br />Surface Impacts Possibly Related to Subsidence <br />Lone Pine Canyon Spring - On June 7, 1993, the CDMG received a letter from Larry Mautz, dated <br />June 4, 1993, referencing problems with water springs and a water pipe. The investigation of this <br />