ENFORCE27433

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 3/9/1998
• Doc Name: NOV CV-97-022 WEST ELK MINE PN C-80-007
• From: MOUNTAIN COAL CO
• To: MLR
• Violation No.: CV1997022
• Media Type: D
• Archive: No

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Mountain Coal Company
West Elk Mine
Post Offce Box 591
Somerset, Colorado 81434
Telephone [phone]
Fax [phone]
March 4, 1997
VIA FAX [phone]
Mr. David A. Berry
Colorado Division of Minerals & Geology
Office of Mined Land Reclamation
1313 Sherman St., Room 215
Denver, CO 80203
RE: NOV CV-97-022, West Elk Mine, Permit No. C-80-007
Dear Dave:
I~~ I~~I ~ II~ I~~
RECEIVED
MAR 0 9 1998
Division of Minerals & Geolo9Y
As you know, by letter dated December 3, 1997, Mountain Coal Company ("MCC") requested
that the Colorado Division of Minerals and Geology ("Division") order a halt to any reclamation
activity at the Bear Mine site to the extent such activity might aggravate the landslide and/or
discharge of water from the side of the hill, both subjects of the above-referenced NOV.
Although the Division did direct Bear to cease such activities, you have recently asked whether
MCC would object to a resumption of reclamation work on the gob at the toe of the hill, noting
that such activity would not involve excavation into the hillside itself. I write to express MCC's
continued concern that the described reclamation activities could change or aggravate the
conditions at the site and to urge that they be prohibited until the NOV issues are resolved.
The Division issued the NOV to MCC based on the allegations that the water expressing from the
side of the hill originates in the I~~orth~vest Panel Sealed Sump at ivICC's West Elk l~line and that
this water caused the nearby landslide. Although MCC strongly disputes both allegations, and has
presented scientific data and analyses that support its position, we remain under the onus of the
NOV. As such, we remain a potentially liable party for the alleged impacts of the slide and the
water, for the abatement and mitigation activities that have been and might be ordered, and for
such further fines or liabilities as might be identified or assessed. Indeed, MCC remains the only
party identified by the Division as being responsible for the water and slide events at the Bear
Mine site. This being the case, any activity by Bear at the mine site that could alter or exacerbate
conditions has a direct and detrimental impact on MCC.
The Division's proposal to prohibit Bear from excavating into the side of the hill is prudent but, in
MCC's view, is not enough. We believe that any additional excavation of the pad in the vicinity
of the toe of the hillside could further destabilize the hillside, with unknown consequences.
3-s-ya
D