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iii iiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80:03 <br />Phone: (3031 866-3 567 <br />FAX: 13031832-8106 <br />August 17, 1993 <br />Mr. Henry Austin <br />Office of Surface Mining <br />Albuquerque Field Office <br />Suite 1200 <br />505 Marquette Avenue, N.W. <br />Albuquerque, NM 87102 <br />°~ ~O<o <br />~~" b <br />;- <br />:•~ ~ o <br />~ rB ]6 <br />koy kome~ <br />Governor <br />M ichacl8 Long <br />Drvismn DueUU~ <br />RE: Citizens Complaint Response; West Elk Mine; Mountain Coal <br />Company; File No. C-80-007 <br />Dear Mr. Austin; <br />Enclosed is a copy of the letter written to the operator following <br />the inspection of July 13, 1993, which was in response to a <br />complaint from Larry Mautz in which he alleges that the flow from <br />a decreed spring on his property had been discontinued or <br />interrupted by subsidence above the West Elk Mine's underground <br />workings. This letter details the requirements of Mountain Coal <br />Company regarding the spring and some structures. <br />Rereading this letter, I have found an error. I state that if the <br />spring holds a vested water right, it should be monitored. In <br />fact, regardless of whether the spring is decreed, it should be <br />monitored by Mountain Coal. I have clarified this point in my <br />inspection report for the inspection completed this month and plan <br />to clarify this with Mr. Mautz as well. <br />In addition, I have enclosed the letter initially written by the <br />Division upon receipt of Mr. Mautz's letter. <br />Please call if you have any questions. <br />S~rt rely ~ - <br />( _ _ '~ <br />i~ai.~% <br />Christine E. Johi'f~s~E <br />Reclamation SpecXal <br />Enclosures <br />