ENFORCE37508 - Laserfiche WebLink

Home Browse Search

" 555aSeventeenth Street ~ III IIIIIIIIIIIII III Denver. Colorado 80202 Telephone 303 293 a2a6 ggg Fax 303 293 x098 R. Kirk Mueller Senor Attorney APR 2 0 1998 April 16, 1998 Mr. Michael Long State of Colorado Division of Minerals and Geology 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Re: West Elk Mine, Permit No. C-80-007: NOV No. CV-97-020 Dear Mike: RECEIVED Division of Minerals 8 Geology On behalf of Mountain Coal Company ("MCC"), I write in reference to Notice of Violation No. CV-97-020 ("NOV°) to offer and suggest a resolution that, if acceptable to the Colorado Division of Minerals and Geology ("Division"), would eliminate the need for an appeal by MCC to the Colorado Mined Land Reclamation Board. The referenced NOV was issued to MCC for MCC's failure to 1) implement its hydrologic monitoring plan and adequately report all required hydrologic monitoring data, and 2) provide a hydrologic monitoring plan sufficient to characterize potential hydrologic impacts and ensure the quality of the monitoring data. The penalty for this NOV was assessed for "seriousness" in the high range of "significant" carrying a fine of $1,250. The "fault" component was assessed at the high range of "negligence" carrying a fine of $750. Basically, the NOV was prompted by gaps in the data submitted by MCC in its 1996 Annual Hydrology Report ("AHR") due to errors by the mine's consultants and the mine's inability to draw water samples due to problems with certain monitoring wells. The NOV also noted the lack of timeliness by MCC in responding to problems identified and issues raised by the Division with regard to MCC's monitoring plan. It appears, however, that the data omitted by MCC's consultants did not hinder the Division's ultimate ability to assess the hydrologic regime at the mine, that the problems with the wells (for the most part) did not significantly alter the relevant data set, and that -- rapidly after the NOV was issued - MCC submitted a Minor Revision and provided some of the missing AHR data. As well, MCC engaged an outside consultant, Dr. Alan Mayo, to evaluate MCC's current hydrologic monitoring program and recommend a revised program designed to anane,. a~~ni MMo rnr~uai,y