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STATE OF DIVISION OF MINECALS AND GEOLOGY Departmem d Natural Raourcn 1 J 1) Sherman 5r., Room 21 S Denver. CU 9030.7 phone: UU)1 966•)597 iA%: IJO)I977•tl106 February 19, 1993 Ms. Kathleen Welt Mountain Coal Company West Elk Mino P.O. Box 591 Somerset, CO 81434 7 "`'"` ~ ~ :Sb L •" ~ t. V ~~ C6`1` ~ Ray Rome 44 Gau.mo Mlchlel I.Lnn1 Oh1YallXacmr aL: aotioe of violatioa C-13-o06; Weet Llk xiae; pile Ho. C-E10-007 Dear Ma. Walt; Enolosed is Notice of Violation (NOV) C-93-006, iseuad to Mountain Coal Company !or failure to submit a Subsidence Monitoring Report on a semi-annual basis as required by page 2.05-147 of MCC's permit and section 2.05.6(6)(c)(i)(E) of the Raqulntiona Cf the Colorado Mined Land Reclamation Board for Coal Hining. The Division is issuing the violation based on the fact that a semi-annual report was not raceivnd from MCC during the period from October 1990 until a report was received d'anuary 19, 1993. The submittal o! these semi-annual reports ie considered to ba very important, because future mining advancements are conditioned upon the results of this survey monitoring program. 61nce MCC Sa planning to propose, in the near future, a mine plan which mines beneath potentially critical renewable resource lands, it ie imperative that a demonstration can be made to ehaw that impacts can be controlled through a subsidence control plan. The Division, must therefore, have the opportunity to review the subsidence reports on a periodic basis. Tho NOV form lists three steps that must be accomplished on or bafor• ]Lpril 19, 1993, in order to successfully abate the violation. The following will provide further detail in what must be included in each of the abatement steps. 3TEp 1: The recor4 is uncloar ae to when the Subsidence Monitoring Reports are due. It appears that moat of the surveys era completed in June and October; therefore, the Division pXOpoens that the semi-annual reports ba submitted by July 31 and November 30 of each year. In order to fulfill this abatement step, MCC must agree with the dates sat forth by the Division or propoae.sltarnativa dates to be accepted by the Division.