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iiiiiiiiiiiiiiiiiii <br />STATE OF COLUi~>~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Rosnurces <br />1313 $hc•rman St., Noum ? 15 <br />Dnnvcr, Colorado HIRU.{ <br />Phunc (4L111 ri66~ {ib7 <br />FAY (1011 HIDlf lllb <br />October 11, 1996 <br />Mr. Phil G. Schmidt <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romcr <br />Governor <br />lames 5 LochheaJ <br />&rcuuve Dvecwr <br />Michael B. Long <br />Re: Access to Mautz Property for the Purpose of Subsidence and Hydrology Division Dueciur <br />Monitoring; Mountain Coal Company (MCC) West Elk Mine (Permit No. C-80-007) <br />Dear Mr. Schmidt: <br />Earlier this week you transmitted to the Division a copy of your log of a telephone <br />conversation you had with Larry Mautz, the landowner above a portion of the Jumbo <br />Mountain mine area, in which MCC was denied access to his property for the purpose of <br />routine subsidence and hydrology monitoring. As a result of denial of access you questioned <br />whether subsidence and hydrology monitoring in the Jumbo Mountain area could be <br />discontinued temporarily. <br />We have considered your request but find that we must deny it. It is the Division's <br />responsibility to enforce the current subsidence and hydrologic monitoring programs as <br />approved by the current permit and it is MCC's responsibility to see that the commitments <br />made in the permit are carried out. The data obtained through these approved plans is <br />required by the Division so that we can verify protection of public safety, health, and the <br />environment through the approved permit at the West Elk Mine. <br />It is the Division's understanding that MCC has an Access Agreement with Larry Mautz <br />which allows MCC legal right of access. The Division requires that MCC do what is <br />necessary to gain and retain access for the purposes of collecting subsidence and hydrology <br />monitoring data as required by the permit. <br />If you have any questions or concerns regarding this letter please contact me. <br />Sincerely, <br />Susan J. cannon <br />Coal Prog Supervisor <br />J c: David Berry <br />