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::~ <br />~II II~II~~II~~~~ II~ <br />STATE OF COLC~~v~vv <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1317 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: 1303)866-3567 <br />FAX: 1303) 832-8106 <br />July 19, 1993 <br />op cote <br />New _ 4 <br />C~ <br />~/B'I6 ~e <br />Roy Romer <br />fovernoi <br />Michael B. Long <br />Dnision Dimanr <br />Ms. Kathleen welt <br />Mountain Coal Company <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />RE: Citizen Complaint Inspection; Aest Elk Mine; File No. C-80-007 <br />Dear Ms. Welt; <br />Enclosed you will find the Division's inspection report for the <br />inspection completed on July 13, 1993. In attendance were myself, <br />Jim Pendleton, Henry Barbe, and Larry Mautz. The Division <br />conducted the inspection in response to a letter from Mr. Mautz, in <br />which he alleges that the flow from a decreed (adjudicated) spring <br />on his property had been discontinued or interrupted by subsidence <br />above the West Elk Mine's underground workings. The enclosed <br />report details the Division's finding during that inspection. <br />The Division believes that there are essentially two issues which <br />must be addressed. The first issue involves the structures located <br />downslope from Mr. Mautz's spring. Rule 2.05.6(6) requires an <br />inventory of all structures and renewable resource lands which <br />exist within the proposed permit and adjacent area. It appears <br />from reviewing Mountain Coal's permit, that these particular <br />structures were not inventoried. MCC should inventory the <br />structures at this time in order to comply with Rule 2.05.6(6). If <br />Mr. Mautz rehabilitates these structures, then the inventory <br />should, again, be updated. Page 2.04-6 in the permit contains <br />information regarding four other man-made surface structures. This <br />section should be revised following the updated inventory. <br />The second issue involves the spring. In review of Mountain Coal <br />Company's current and past hydrologic monitoring plan, it does not <br />appear that this spring was ever monitored. It the spring holds a <br />vested water right, then MCC should include this spring in the <br />monitoring plan, because Rule 4.05.15 requires that a coal mine <br />operator replace the water supply of any owner of a water right <br />which is injured as a result of the mining activities. Therefore, <br />if this decreed spring water supply were permanently damaged or <br />eliminated, Mountain Coal Company would be responsible for <br />replacing the water supply. The Division would also recommend that <br />