REP46466

• Permit No: C1980001
• IBM Index Class Name: Report
• Doc Date: 10/2/1989
• Doc Name: STATUS OF THE MOFFAT AREA PROPOSED MINING PN C-80-001
• From: MLRD
• To: JEFF CLAPTON
• Permit Index Doc Type: HYDROLOGY REPORT
• Media Type: D
• Archive: No

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STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OFNATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Director
DATE: October 2, 1989
T0: Jeff Clayton
FROM: Jim Pendleton
RE: Status of Mof Area
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Proposed Mining (Permit iiC-80-001)
Pittsburg & Midway Coal Company's (P 8 M's) August 18, 1989 letter, responding
to the Division's letter dating March 13, 1989, protests the installation of
any of the monitoring requested by the Division pertaining to the slope
stability of the Moffat Area. P 8 M contends that the Settlement Agreement,
executed November 19, 1987, unconditionally approved mining in the Moffat
Area, precluding the imposition of any slope stability monitoring requirements.
Background of Settlement Agreement
Since May of 1984, following the "South-of-Shop" landslide's occurrence,
I have participated in the on going review of analytical reports submitted by
P 8 M's consultant addressing the issue of slope stability at the Edna Mine.
I have rendered lengthy written opinions regarding each of 5 reports submitted
by the operator addressing the "South -of-Shop" landslide, the "West Ridae"
landslide, and the implications of these landslides for stability of the
Moffat Area proposed mining. I have found these reports, prepared by Waste,
Water 8 Land, Inc. (W, W & L), to comprehensively describe the phenomena most
probably responsible for the landslides which occurred at the Edna Mine in
1984 and 1986. Each of the reports submitted by W, W & L contained extensive
mitigative methodology recommendations and monitoring recommendations. These
recommendations were included, in response to my request, to verify the
assumptions inherent in W, W 8 L's analytical hypotheses. In turn, each of my
review memoranda recommended acceptance of the respective report, with the
condition that the recommended mitigative methodologies and monitoring
requirements be implemented by the operator.
Unfortunately, I did not participate in the negotiations between the Civision
and P 8 M immediately preceding the issuance of the November 19, 1987
Settlement Agreement. In its August 18 letter, P 8 M relies upon the
Settlement Agreement to support its current position. Stipulation iE4,
included in the Permit Renewal findings and later pronounced satisfied within
the Settlement Agreement, originally read as follows:
4. "PRIOR TO COMMENCEMENT OF SURFACE COAL MINING ACTIVITIES
IN THE MOFFAT AREA OF THE EDNA MINE, THE PITTSBURG AND
MIDWAY COAL MINING COMPANY MUST DEMONSTRATE THAT SURFACE
COAL MINING AND RECLAMATION OPERATIONS IN THE F10FFAT
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215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. [phone]