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iii iiiiiiiiiiii iii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1311 Sherman SI., Room 275 Denver, CO 80203 Phone: 1303) 866-3567 FAX: (3031 832-8106 January 13, 1994 Ms. Kathleen Welt Mountain Coal Company P.O. Box 591 Somerset, CO 81434 Re: Larry Mautz Complaint, West Elk Mine, Permit No. C-80-007 Dear Ms. Welt: OF ~~[U :e~~ r~r rB'!6 ~ Roy Romer Governor Michael B Lang Division Director As part of our ongoing investigation of the circumstances surrounding the above-referenced compliant, we request that Mountain Coal Company provide a response to the following questions. We request that the Mountain Coal Company response be received by January 28, 1994, so that we can make a final assessment of all available information, and proceed with a final resolution as soon as possible. We had hoped to coordinate a meeting in early January; however, competing issues took precedence. We apologize for this delay. We would like to meet with all parties involved during February. 1. Rule 2.04.712) requires that the locations of all springs be inventoried. Is it Mountain Coal Company's opinion that all springs in the area have now been identified? This includes all springs regardless of specific water rights adjudication. 2. It is our understanding that Mr. Mautz owns the surface area in most of the S% Section 17, Section 19, and the NE%., the NW%., and the SW%. of Section 20. These lands are shown on Map 2 (Surface Ownership Map1, Mountain Coal Company Permit C-80-007, received October 18, 1993. Is this information the most recent and most accurate information available? 3. Rule 2.05.616)la) requires an inventory of all structures within the permit and adjacent areas. Has Mountain Coal Company supplied an accurate and complete inventory, including a map, which specifies all structures in the area? Any cabins, regardless of condition, and water supply lines, regardless of water rights adjudication status should be included with this initial survey. Is it Mountain Coal Company's opinion that all such structures have been formally inventoried? 4. Please provide all documents which exist to effect compliance with Rule 2.03.6 (right of entry). Recall that surface coal mining and reclamation activities include monitoring activities as specified in Rule 1.04(132). Reference any materials which have been pre- viously submitted, and provide any new documents.