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Mr."Lnrry Rouuen <br />April l6, 1999 <br />Page 2 <br />pond is intended to be permanent. If the pond is permanent, MCC is concerned that the use of <br />pipes for inlet and outlet control is not sufficient for the long term. [n addition, a permanent <br />impoundment demonstration has not been included in the application (4.05.9). Further, if the <br />pond is permanent, will this "treatment facility" be consistently maintained throughout the <br />anticipated period of gravity discharge (4.05.10(2))? There also does not appear to be an NPDES <br />discharge point for this mine water treatment pond (4.05.5(1)(6)). <br />MCC continues to be concerned, given the potential health and safety risks, that a mitigation plan <br />to stabilize the landslide has not been required of or provided by the permittee (4.12(2)). In <br />addition, MCC is concerned that there is no monitoring of [he groundwater in the area of the <br />discharge from the Edwards Portal. Well AAI, which had noted some groundwater degradation, <br />was destroyed by the slide and to MCC's knowledge has not been replaced. Is groundwater in <br />this area still being impacted by the discharge from the old Edwards portal, and what mitigation <br />will be required (2.05.6(3), 4.05.11, and 4.05.13(1))? <br />MCC and BCC entered into a lease agreement for BCC's use of MCC's property for the Bear <br />No. 3 Mine site. The term of that lease is such that it terminates coincidentally with the <br />termination of federal coal lease D-052501. According to the Bureau of Land Management, that <br />lease was terminated in August 1997; thus, BCC has not had the legal right-of--entry to the <br />property since that time. BCC has not contacted MCC to re-negotiate the lease or request a new <br />access agreement, which they must do in order to complete the reclamation of the site, as <br />required by their permit (2.03.6), and to prevent unlawful trespass. <br />If any information is available which addresses MCC's questions as discussed above, please <br />provide this information as soon as possible. MCC does not wish to delay the process of <br />reclamation, but simply wants to ensure that the most appropriate reclamation of the permit and <br />affected areas will be considered and completed. MCC would be glad to meet with the Division <br />and BCC to further discuss our concerns. <br />Please call if you have any questions. <br />Sincerely, <br />S~~ <br />Pna sehmiat <br />Engineering Manager <br />ec: Henry Barbe <br />Gene DiClaudio <br />Christine Johnston <br />Chris Van Bever, Arch Coal, Inc. <br />bear499rev.doc <br />