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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 6t., Room 27 5 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FAX: (303) 832106 <br />25 October 2004 <br />Mr. Henry Barbe <br />Mountain Coal Company LLC <br />P.O. Box 591 <br />Somerset CO 81434 <br />COLORADO <br />' DIVISION OF <br />MINERALS <br />' - GEOLOGY <br />REC LANATION•NI NING <br />C . SAFETY•SQ ENGE <br />~~' Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Re: Phase I Release, West Elk Mine (SL-Ol) igt Adequacy Letter <br />Deaz Mr. Barbe: <br />Ronald W. Cattany <br />Division Direcor <br />Natural Resource Trustee <br />The Division has completed review and field inspection of the bond release request <br />submitted by Mountain Coal Company (MCC) for the "thermal event area" (SL-O1) and a <br />field inspection conducted on 7 October 2004. The Division has several comments <br />regazding this bond release request as listed below. <br />(1) Please provide certification by a registered professional engineer for the <br />cross-sections provided in the application package, according to Rule 2.10.3(2). <br />(2) Please provide a certified engineering report to show that the backfilled and <br />regraded slopes have a minimum static safety factor of at least 1.3, as required by <br />Rule 4.14.2(1)(b). <br />(3) The thermal event azea has been managed as a small area exemption (SAE) <br />since the original disturbance. The azea has been regraded and revegetated, but is <br />still considered a small azea exemption. Please provide demonstrations for the <br />individual sites within the thermal event azea to show that the drainage from the <br />disturbed azea does not contribute suspended solids above the natural conditions <br />and the quality of untreated drainage meeting State and Federal water quality <br />standazds,as required by Rules 4.05.2(2) and 4.05.2(3)(a). <br />If you have any questions, please feel free to call me. <br />Sincerely, <br />~im Burnell <br />Environmental Protection Specialist <br />Cc:,S. Brown <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geolo¢ical Survev <br />