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iiiiiiiiiiiuiiiiii <br />STATE OF COLv~v ~~" <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmem of Nmural Resources <br />111 S Sherman SI ,Room ?1 S <br />Donvcr, Colorado 8020} <br />Phone. I}O~l g6fi-7567 <br />FAX: UO}I H'1?-H10fi <br />January 20, 1998 <br />Mr. Phil Schmidt <br />Engineering Manager <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: Request to Vacate NOV CV-97-020, West Elk M-ne, Permit No. C-80-007 <br />Dear. Mr. Schmidt: <br />I have reviewed your letter of December l7, 1997, in which you request that I vacate Notice of <br />Violation CV-97-020. Based upon the information available a[ this time, it appears that the <br />violation was properly issued. <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames S. Lochhead <br />Eiecuuvr Dvecklr <br />Michael B Lung <br />Division Duector <br />In considering this matter, I also reviewed the Notice of Violation file, the 1996 Annual Hydrology <br />Report files, and the Minor Revision No. 208 file. It is of significant concern to me that the West <br />Elk Mine water monitoring program has not been implemented in full compliance. Required <br />monitoring stations must be maintained to ensure that all aspects of the required monitoring plan <br />can be implemented. At a minimum, for whatever reason, if monitoring cannot be implemented as <br />required, the Division should be notified within that monitoring period. When monitoring locations <br />are damaged, then such stations must be replaced, unless revisions to the permit are approved which <br />show that the stations aze no longer needed. If changes to the existing monitoring plan are needed. <br />then a revision can be proposed be Mountain Coal Company. <br />This matter should be referred to the assessment conference process, if you are not satisfied with <br />this decision. Please call if you have any questions. <br />Sincerely. <br />~.. <br />~•-~ <br />Michael B. Lono <br />Director <br />cc: Mike Boulay <br />David Berry <br />Susan McCannon <br />m'bss\lrc\rac970_'U.m 61 <br />