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iii i uiiii iiiiu iii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 21 5 <br />Denver, CO 80203 <br />Phone: (3031 866-3 567 <br />FAX: (3031 832-8106 <br />November 18, 1993 <br />Mr. Robert Hagen <br />Albuquerque Field Office <br />Office of Surface Mining <br />505 Marquette Avenue NW <br />Suite 1200 <br />Albuquerque, New Mexico 87102 <br />Re: Ten-Day Notice X-93-020-116-002 TV 3 <br />Mountain Coal Company (Formerly West Elk Coal Co.), Permit No. C-80-007 <br />Dear Mr. Hagen: <br />pP eO~o <br />N~ '~~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Direclar <br />The above-referenced Ten-Day Notice (TDN) was received by the Division of Minerals and <br />Geology (DMG) on November 12, 1993. The TDN addresses three alleged violation issues, and <br />each of these issues will be addressed separately. It is our position that the situations do not <br />constitute violations of the Colorado Regulations and Law, and we therefore respectfully <br />decline to take any further enforcement actions. <br />Public Notice <br />The TDN alleges that Mountain Coal Company (MCC- has failed to comply with the landowner <br />notification requirements of Colorado Rule 4.20.2(1)-(3-. At the time of the August 12, 1993 <br />inspection, it was believed that Grand Mesa Properties and the United States Forest Service <br />(USES) had not been properly notified. Notice of Violation (NOV) C-93-112 was subsequently <br />issued. Following the NOV issuance, MCC submitted information which indicated that a <br />violation had not occurred. On October 19, 1993, Michael B. Long, DMG Director, vacated <br />NOV C-93-112. Various documents which substantiate the vacation are attached for your <br />review (Exhibit A), and an explanation follows. <br />The documents received from MCC indicate that the notifications required by Rule 4.20.2(1)-(31 <br />had been effectively provided. In the case of Grand Mesa Properties, initial notice was sent to <br />Grand Mesa Properties on December 13, 1984. Additional clarification was requested by <br />Grand Mesa Properties regarding the specifics of the mine plan, and West Elk Coal Company <br />provided the additional information on January 8, 1985. Subsequent to the exchange of <br />information, aright-of-entry agreement was executed between Grand Mesa Properties and <br />West Elk Coal Company. This agreement specifically addresses access to Grand Mesa <br />Properties' surface to assess and mitigate the effects of undermining. Based upon a mine plan <br />map, lease production data and an affidavit submitted by MCC, undermining of the Grand Mesa <br />