2013-07-17_GENERAL DOCUMENTS - C1981014 (2)

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24 Page of July 19, 2013 The Division conducted another inspection on May 15, 2012, with a borehole camera. Monitoring well MW-NW was inspected using the borehole camera during the May 15, 2012 inspection. Copies of these inspection reports are available on the Division’s laserfiche database. 3. We need the monitoring equipment removed from MWNW, since we plan to retain and permit it. DRMS response: Rehabilitation of MW-NW is the subject of Notice of Violation CV-2013-002 (issued January 28, 2013). EFCI has requested a formal board hearing for NOV CV-2013-002 for the August 14, 2013 Mine Land Reclamation Board. As Photo No. 2, in the Division’s inspection report dated September 17, 2012, shows, the “monitoring equipment” remaining in the well consists of a piece of wooden 2X4 attached to a short length of rope. This obstruction is located at approximately 352 feet below the ground surface. EFCI has demonstrated that this well is still in hydrologic communication with the workings. The water level will be able to be measured once the water level reaches this elevation. Previously you inquired about retaining MW-NW as a permanent well. At that time I informed you that MW-NW is currently approved to be reclaimed once it is no longer needed. Any change to this designation will need to be revised in the permit. A revision to the permit needs to be initiated by EFCI. Please direct your request to EFCI. If the Vento Group intends to take over the liability of MW- NW, it may be valuable for the Vento Group to contact Colorado Division of Water Resources regarding permits required for maintaining a monitoring well. th 4. Well23: Is Well 23 on the agenda for the Aug 14 meeting? DRMS response: No. 5. Please put it on the agenda to be discussed with the Board, so we can do everything in one meeting. DRMS response: Please provide a valid reason for requesting an agenda item to be heard by the Mine Land Reclamation Board. Does the Vento Group believe that a violation of the Colorado Mine Land Reclamation Act or Regulations exist for MW-23? If so, please indicate what Rule is being violated. As described in the Division’s “Groundwater Review Related to Citizen’s Complaint”, dated June 3, 2013, sent to you on June 15, 2013, MW-23 is an up gradient well. MW-23 is located in T20S, R69W, NE ¼ SW ¼ Section 19, and allows for monitoring of water level and water quality in the coal seam up gradient of the of the Southfield Mine workings. Map 17 in the permit (available on the Division’s laserfiche database) clearly shows the location of the mine workings. Groundwater flow is generally to the northwest. MW-NW and MW-65 are considered down gradient wells. Your subject line on your July 15, 2013 e-mail indicated that you wished your e-mail to be considered confidential. A request to have an item heard by the Mine Land Reclamation Board cannot be considered confidential.