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iii iiiiiiiiuiiiiii STATE Or LUi.U1tAD0 DIVISION OF MINERALS AND GEOLOGY Deparlmenl ut Nalu ral Resources 111 }Sherman 51., Room 115 Dr•nvcr, Grluoulu 80107 Phunc (71171 866 3567 FAY: (5031 A} r.g106 March 30, 1998 Mr. Phil Schmidt Mountain Coal Company P.O. Box 59l Somerset, CO 81434 RE: Notice of Violation CV-97-022 -West Elk Mine - C-80-007 Dear Mr. Schmidt: ~I~~~ DEPARTMENT OF NATURAL RESOURCES Rov Rnmer Governor Wmrs 5. Loc hhmA Evrcmive Dueclor Michael B. long Division DveCOr The Division of Minerals and Geology (DMG) has completed a review of the situation which led to the issuance of NOV CV-97-002. At this time, DMG does not believe that Mountain Coal Company (MCC) has adequately refuted the asserted connection between the Bear Mine landslide, the Edwards Mine discharge and water storage activities at the West Elk Mine. Rather, it appears that the preponderance of available information and evidence substantiates the connection of these activities and occurrences. However, we are committed to continuing our dialogue with MCC on this matter to ultimately base our final decision on the most complete body of information possible. Therefore, this letter and its attachments are meant to provide MCC with as much information as possible about our current thinking, questions and ongoing areas of concern. It continues to appear that the landslide at the Bear Mine has been initiated by a new source of water, and that the water is emanating from the B and C seam strata behind the slide. It also appears that this new source of groundwater is expressing as the new dischazge located at or near the Edwards Mine portal. We enclose a memorandum dated February 17, 1998 from Dr. Jim Pendleton which explains our position in this matter. We also enclose memoranda dated March 2l, 1998 and March 30, 1998, from Dr. Jim Burnell and Dr. Harry Posey, respectively, which respond to the information presented by Dr. Mayo (January 20, 1998 report), regarding the geochemistry of the West Elk Mine foul[ waters and Edwards Mine discharge. Drs. Burnell and Posey both conclude that the water now expressing at the Edwards Portal could be draining from the sump located in the West Elk Mine Northwest (NW) Panels sealed sump. The sump water quality analyses presented by MCC with the TR80 submittal, are generally consistent with the water chemistry conclusions presented by Drs. Burnell and Posey. Finally, it is important to note that MCC specifically predicted that NW Panels sump water would express at various locations, including the Edwards Mine portal. Such a discharge is now occurring. All available documents, including Bear Coal Company (BCC) and MCC Annual Hydrology Reports (AHR), the MCC Technical Revision Number 80 (TR80) submittal, numerous correspondence from MCC regarding [he occurrence and management of fault inFlows [o the West Elk Mine, and reports