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Sandra Brown <br />March 7, 2012 Page 4 <br />occurrence of the landslide. This spring is located near the toe of the hill slope, approximately <br />20 feet east and 20 feet up slope from the eastern terminus of the slide mass. Initially the spring <br />was estimated to yield approximately 20 gpm at approximately 85 °. The spring also exhibited a <br />distinct reddish -brown color. This spring was postulated by WWE to issue from the backfilled <br />portal of the abandoned Edwards B -Seam coal mine. The warm spring lies almost directly down <br />slope from, and in line with, the eastern terminus of the landslide. The spring may be in <br />hydraulic connection with the basal failure plane of the slide. Several remnant concrete <br />structures suggest the backfilled Edwards mine portal may exist twenty feet east of the spring. <br />The Division's experts determined that water was the triggering mechanism, causing failure by <br />saturating the colluvial materials at or near bedrock in the upper part of the slide. The Division <br />concluded that the November, 1997 landslide was initiated by groundwaters emanating from the <br />bedrock beneath the failed colluvium. Observations of the slope geomorphology, stratigraphy of <br />colluvial deposits, and pedologic development suggested that the initiating groundwater <br />discharge was a new phenomena or changed condition, which had not been occurring for any <br />significant length of time. These observations led the Division to conclude that some recent <br />changed condition in the local groundwater regime caused ground water to begin discharging <br />beneath the steep colluvial slope, causing the landslide. <br />On November 20, 1997 the Division inspected the slide area and measured the flow of the spring <br />emanating from the east side of the slide scarp at 10 gpm with a temperature of 80.6° F. On <br />November 26, 1997 the Division issued Notice of Violation No. CV -97 -022 to the West Elk <br />Mine for the transfer and storage of underground mine water to the Northwest Panels Sealed <br />Sump, resulting in discharge of mine water to adjacent lands creating adverse hydrologic impacts <br />and landslide activity occurring at the Bear No. 3 Mine facilities area. The important result of <br />this was remedial action by the West Elk Mine to complete removal of all waters stored in the <br />Northwest Panels Sealed Sump in a legal manner in compliance with all applicable laws and <br />regulations. This was done by installing the Lone Pine Gulch pipeline previously described <br />above. It is important to note here that this was done in cooperation with the CDPHE. The <br />water was discharged to Lone Pine Gulch and ultimately to the North Fork of the Gunnison <br />River without any treatment needed other than energy dissipation and erosion control. <br />The occurrence of the spring and the landslide were extensively studied as a result of the <br />issuance of the NOV. In the PHC section of MCC's permit document it is stated that "if water <br />stored in the NW Panels sealed sump made its way to the B Seam outcrop downgradient from <br />Somerset, it would be discharged into the North Fork as springs and seeps along the B Seam <br />outcrop ". However, to this day MCC still contests that any water from the NW sealed sump <br />entered the Bear Mine. Finally in August of 1998, the Division vacated the Notice of Violation <br />for the following reasons. Based on all of the technical information submitted by Mountain Coal <br />Company and gathered by the Division, it appeared that MCC provided acceptable evidence that <br />the West Elk Mine is not the sole source of water discharging from the Edwards Portal location. <br />MCC also provided evidence that the water discharging from the Edwards Portal did not cause <br />the landslide located above the Bear Mine yard. <br />The history and discussion of the Lone Pine Gulch pipeline is relevant because it served the <br />important purpose of conveying the sumped mine inflow water off of the hillside and relieving <br />