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subsequent correspondence from the Division of Minerals and <br />Geology are extensive. They are set forth in detail in the <br />Permit and in the technical and other revisions summarized in <br />the following correspondence, which is attached to this <br />Declaration: <br />(a) November B, 2000 letter from David Berry, Coal Program <br />Supervisor, to Jim Stover at Powderhorn (Exhibit A hereto); <br />(b) February 18, 2000 letter from Dan T. Mathews, <br />Environmental Protection Specialist, Division of Minerals and <br />Geology, to Powderhorn's agent, Jim Stover of J.E. Stover and <br />Associates (Exhibit B hereto); <br />(c) February 18, 2000 Revision Order, attached to the February <br />18, 2000 letter, above. <br />5. If Powderhorn does not faithfully perform the <br />reclamation work, the following significant hazard will be <br />presented to public health, safe*_y, and the environment: <br />During Permit Renewal RN-03 in 1998 and <br />1999, the Division identified a deficiency <br />with regard to the adequacy of the South <br />Mine de-watering system, for the long-term <br />(ie. permanent) post-mining situation. The <br />primary component of the de-watering system <br />is a 6 inch pipe siphon system, which <br />outlets through the "Northwest Intake <br />Portal," an air shaft which was backfilled <br />in the early 1990's. In order for the <br />siphon to function properly, perpetual <br />4 <br />