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iii iiiiiiiiiiiii iii STATE OF COLORADO DIVISION Of MINERALS AND GEOLOGY Deportment of Nalu ral Resources I } 13 Sherman 51.. Roam 215 Drnver, Colorado 80203 ~~~ Phnne. 1 1031 866-7567 I fAx: (3071 8J'_-8106 DEPARTMENT OF NATURAL January 22, 1998 RESOURCES Mr. Mitch Rollings co e°oe' Office of Surface Mining lame, s. Lncnheaa 1999 Broadway, Suite 3320 e.ec°'"e DIreU°' Michael B. Long; Denver, CO 80203-5733 Division Director RE: Ten-Day Notice X-97-140-370-001 TV 1 and 2 -West Elk Mine -Mountain Coal Company, Permit No. C-80-007 Dear Mr. Rollings: This letter and attachment will serve as the final response of the Colorado Division of Minerals and Geology (DMG) to Ten Day Notice X-97-140-370-001 TV 1 and 2 (TDN). To summarize the administrative process which has occurred to date, the TDN was issued in response to a citizen complaint letter dated June 24, 1997, received by the Office of Surface Mining (OSM), from Larry and Elaine Mautz. The TDN was received by the DMG on July 23, 1997. The OSM granted a one day extension for the submittal of DMG's initial response to August 5, 1997. This response addressed seven issues related to possible subsidence impacts, one access issue, and three miscellaneous issues. Subsequent to receipt and review of DMG's August 5, 1997 response OSM requested that DMG participate with them in ajoint field investigation of two of the issues related to possible subsidence impacts which were raised in the citizen complaint. The two issues which were the subject of the August 21, 1997 joint OSM/DMG teld investigation included: possible subsidence impacts to the hunting cabin located above the Mountain Coal Company (MCC) mining area, and possible subsidence impacts to the landslide at "Muffler Rock". An inspection report from this investigation was issued by DMG on September 3, 1997, a copy of which is attached. In addition, Jim Pendleton, DMG geotechnical staff, issued a technical memorandum in draft form on September 30, 1997 and in final form on December 15, 1997. This memo details his observations and conclusions with regard to the hunting cabin and "Muffler Rock" landslide, a copy of which is attached. Based on all various DMG investigations of these two issues we present the following conclusions.