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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colo2do 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />December 1, 2005 <br />D <br />tZ101~ OS <br />Mr. Phil Schmidt <br />Mountain Coal Company <br />P.O. Box 571 <br />Somerset, CO 81434 <br />Re: Inspection Follow-Up -West Elk Mine -Permit No. C-80-007 <br />Mr. Schmidt: <br />COLORADO <br />DIVISION O F <br />MIN E8RAL5 <br />GEOLOGY <br />0.EC LANATIO N•MINING <br />SAFETY•SCIFNCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />This letter is written as follow-up to the Division of Minerals and Geology (DMG) <br />inspection of November 15, 2005. The inspection was conducted in response to a <br />November 14, 2005, Mountain Coal Company (MCC) phone call to DMG regarding a <br />spill of residual fire fighting foam concentrate to the Dry Fork of Minnesota Creek in <br />Section 31 of T13S, R90W that reportedly occurred on November 12, 2005. <br />Ronald W. Cattany (DMG Director), the Office of Surface Mining, the Colorado <br />Department of Public Health and the Environment, and the Office of Attorney General <br />have been briefed regarding the situation. Based on these discussions, and a detailed <br />review of all available evidence in this matter, MCC is hereby directed to conduct the <br />following measures: <br />1.) Provide a Notice of Intent to Explore or an Amendment to an existing Notice of <br />Intent to Explore that adequately addresses all exploration-related activities <br />occurring, or anticipated to occur, at the staging area located in Section 31 of <br />T13S, R90W along USFS Road 711 (no later than December 9, 2005); <br />2.) Provide an Incidental Boundary Revision (Technical Revision) to Permit No. C- <br />80-007 that adequately addresses all mine-related activities occurring, or <br />anticipated to occur, at the staging area located along USFS Road 711 (no later <br />than (December 16, 2005); <br />3.) Provide any water quality sample results already obtained by MCC downstream <br />from the incident location following the incident of November 12, 2005 (no later <br />than December 6, 2005); <br />4.) Conduct additional water sampling along the Dry Fork of Minnesota Creek <br />through Minnesota Creek to the confluence with the North Fork of the Gunnison <br />River, at a minimum of one half-mile increments from the staging area along <br />USFS Road 711 (incident location). Water sampling at these locations shall be <br />conducted, at a minimum, for all constituents and potential byproducts of the <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />