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STATE OF COLORADO <br />DIVISION OF WATER RESOURCES <br />WATER DIVISION FOUR <br />Office of the State Engineer <br />Department of Natural Resources <br />1871 East Main Sheet <br />P.O. Box 456 <br />Montrose, Colorado 81402 <br />Phone (970)249-6622 <br />Fax (970) 249-8728 <br />http://water. state. co. us/default.htm <br />RECEIVE® <br />APR 2 4 ~v^8 <br />Division ~f Minerals and GealogY <br />Apri121, 2006 <br />Daniel Hernandez <br />Senior Environmental Protection Specialist <br />Colorado Division of Minerals & Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />aF COO <br />yc~'.A~vO <br />o <br />*~}G~?%. <br />`!~' I876 + <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Hal D. Simpson, P.E. <br />State Engineer <br />Frank J. Kugel <br />Division Engineer <br />Re: Review of Mountain Coal Company's response to adequacy questions for Permit <br />Revision PR-10, The West Elk Mine, CDMG Permit No. C-1980-007 <br />Dear Mr. Hernandez: , <. ~ . <br />. ~, .. <br />The purpose of this letter is to provide our review comments of Mountain Coal Company's <br />(MCCs) response dated March 17, 2006 to the Colorado Division ofMinerals & Geology (CDMG) <br />adequacy questions for the above referenced coal mine permit: Our office is in receipt of MCCs <br />response in the form of complete text for Sections 2.04.7 through 2.06 and Volume 14. As you aze <br />aware, the primary concern of our office is the potential impact ofmine-induced seismic activity <br />and/or surface subsidence on the safety of the dam, in particular, impact to the massive landslide that <br />forms the dam's left abutment. History of the dam and landslide is well documented and has been <br />the topic of recent discussion between all individuals involved and will not be reiterated in this <br />response. <br />Much of MCCs response with respect to Monument Dam and the landslide was generated by <br />our letter to CDMG dated May 26, 2004 from the previous dam safety engineer in our office, Mr. <br />Jim Norfleet. Of particular importance, the letter states in part that MCC is responsible for providing <br />a detailed evaluation of the effects mining would have on the static and seismic stability of the dam <br />and landslide. CDMG responded to our request by requiring MCC to provide the stability analyses <br />in their response to;the adequacy questions. - . <br />. Our review of the submitted documents takes into account the 2004 letter from Mr. Norfleet <br />as well` as 7ecent correspondence and meetings between CDMG, MCC, Minnesota Ditch and <br />Reservoir Company, and our office. Most of the content of the permit application and adequacy <br />response is beyond the area of expertise of the Division of Water Resoiiices and we will not <br />specifically comment on those items. However, we have attempted to review and provide comment <br />