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III IIIIIIIIIIIII III 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmenr of Natural Resources 1717 Sherman fr., Room 21 S Denver, CU 90iu.7 phone: llU31 B6b.7567 iA%: (lOI183Z~tl106 ;.;Z9 ~ .~ +.;•,1- (.? , i \•\ •ra7 `. a ,' puY pOmer C6F1` ~ Gor.mor MlclW I !.loop OIrIYm Dlrtcsa February 19, 1993 Me. Kathleen Welt Mountain Coal Company West Elk Mine F.O. Box 591 8omsraet, Co e143a gE: sotiee of violation C-sa-006; West Lik Mine; File HO. C-80-007 Dear Me. Welt; Enolosad is Notice of Violation (NOV) C-93-006, issued to Mountain Coal Company for failure to submit a 6ubsidence Monitoring Report on a semi-annual basis as required by page 2.05-147 of MCCrs permit axd section 2.05.6(6)(c)(i)(E) of .the Regulations o! the Colorndo Mined Land Reclamation Soard for Coal Mining. The Division is issuing the violation based on the fact that a semi-annual report was not received from MCC during the period from October 1990 until a report was received January 19, 1993. The submittal o! these semi-annual reports is considered to be very important, beoauee future mining advancements ors conditioxed upon the results of this survey monitoring program. since MCC is planning to propose, in the Hoar suture, a mine plan which mines beneath potentially critical renewable resource lands, it is imperative that a demonstration can be made to show that impacts can be controlled through a subsidence control plan. The Division, must therefore, have the opportunity to review the subsidence reports on a periodic basis. The NOV form lists throe steps that must be aacompliehed ox or before llpril 19, 1993, in order to successfully abate the violation. The lollawinq will provide further detail in what must be included in each of txe abatement steps. STEP 1: The record is unclear as to when the Subsidence Monitoring Reports are due. It appears that most of the surveys are completed in June and October; therefore, the Division proposes that the semi-annual reports Ce submitted by July 37 and November 30 of each year. In order to fulfill this abatement step, MCC must agree with the dates set forth by the Division or propose.altsrnative dates to ba accepted by the Division.