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Y III IIIIIIIIIIIIIIII 999 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION FRED R. BANTA, Dlreetor June 1, 1989 Ms. Jean Olson P.O. Box 653 Hayden, CO 81639 Re: Telephone conversations of May 19, 1989 and May 23, 1989 Seneca II W Mine, File C-82-057 Dear Ms. Olson: I would like to summarize our telephone conversations and 23rd, 1989 concerning the matter of your domestic We discussed whether Peabody Coal Company's (Peabody) would have an impact on your well. You asked if they an agreement with you regarding compensation for dama~ mining operation. with you on May 19th and agricultural well. Seneca II-W coal mine were obligated to sign Ie to the well from the The Division's understanding is that Peabody has signed an agreement with you concerning Olson Spring; a well completed in the alluvium next to your house. The Division further understands that Peabody will not, at this time, sign an agreement with you on the deep well that is also in proximity to your house. Peabody claims that the deep well is completed in a geologic formation that they have not encountered in their drilling program at the Seneca II-W mine, therefore, their mining operation could not impact it. You, however, claim that Peabody's operation could indeed impact the well. On Tuesday, May 23, 1989, Cathy Begej, a groundwater hydrologist on our staff discussed with you the probability of damage to your well and your protection under our laws. Ms. Begej noted in your phone conversation that two Regulations of the Colorado Mined Land Reclamation Board for Coal Mining protect your water rights. Rule 4.05.15 requires that a coal operator must replace any water supply injured by mining and Rule 2.04.7(3) requires an Augmentation Plan to specifically address how the operator will replace the water supply. Peabody did not have an Augmentation Plan prepared when the permit was issued in 1985, so the Division wrote a binding stipulation to the permit which requires submittal of the plan prior to disturbance in the main permit area. This plan is to be supplied to all owners of affected water rights to allow their comment on the plan. Your comments would be directed to the Division while we review the Plan. If you are in disagreement with our decision on the acceptability of the Augmentation Plan, then you mdy appeal our decision to the Mined Land Reclamation Board. 215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567