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<br />Ms. Kathleen Welt -2- January 13, 1994 <br />Mountain Coal Company <br />5. It is our understanding that Mountain Coal Company believes the only specifically <br />adjudicated spring water right in Section 20 is referred to as the "Jumbo Spring No. 3 <br />Pond," located in the NW%. NE%., NW'/. of Section 20, T73S, R90W. It is also our under- <br />standing that the spring noted by Mr. Mautz as having been damaged, is located at <br />approximately the boundary line between the NEy. and SE%., NW %a Section 20, T13S, <br />R90W. Does this information correspond with your most recent and accurate <br />information? <br />6. It is our understanding that the "F" seam mining under the spring in question occurred as <br />follows: <br />Development Mining - 1989 <br />Retreat Mining - 1990 <br />Is this correct? If not, please provide clarification. <br />7. Please provide a detailed schedule of "B" seam longwall mining (both actual and projected) <br />for Sections 19, 20, and 21. <br />8. It is our understanding that monitoring locations G-26A and CR-12 are essentially the <br />same location, and that Mountain Coal Company believes that these locations are the <br />same as the adjudicated water right previously discussed and referred to as "Jumbo <br />Spring No. 3 Pond." Is this correct? <br />9. It is our understanding that Mountain Coal Company now monitors (as of 1993) the spring <br />referred to in Mr. Mautz's complaint, and that this station is referred to as G-26B. Is this <br />correct? <br />10. Does Mountain Coal Company have any hydrology-related information for the spring <br />(G-268) in question, or any other spring in the area that can be used to establish the <br />hydrologic conditions prior to May 1993? <br />11. In a Mountain Coal Company letter dated August 26, 1993, the following statement is <br />made: "Mountain Coal Company does not believe the spring of concern has been injured <br />by mining in this area." <br />We understand the situation to be as follows: Mining under the area of concern did create <br />subsidence. We also understand that a pipeline has been broken. This may have <br />occurred as a result of a landslide, subsidence, or both. Regardless of water rights status, <br />a pipeline can be considered to be a structure and, if mining contributed to the damage of <br />this feature, then repair may be required (4.20.3(2)(a)-. <br />Please provide a detailed analysis which uses known mining sequence information, the <br />known subsidence data, and any other pertinent information, to substantiate the Mountain <br />Coal Company opinion that the spring has not been damaged by mining. Likewise, <br />provide a detailed analysis which addresses the possibility that mining damaged the <br />