2016-05-04_REVISION - C1982056 (12)

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Summary The Review Process Twentymile Coal (TC), a subsidiary of Peabody Investments Corporation, submitted a permit revision application (PR -10) for the Foidel Creek Mine. The Foidel Creek Mine is exclusively an underground coal mining operation located approximately 22 miles southwest of Steamboat Springs, Colorado in Routt County. Permit No. C-1982-056 was issued on May 23, 1983, and has been renewed every five years since that date. TC submitted the PR -10 application on January 8, 2015 and the application was found complete on February 3, 2015. TC published a notice of the application in the Steamboat Pilot & Today, four consecutive weeks from February 15, 2015 through March 8, 2015. The purpose of the PR - 10 application was to seek approval for the initial longwall mining in the Wolf Creek Reserve Coal Seam that is under portions of the Wadge seam previously mined by TC in the Northern and Eastern Mining District. Technical Revision No. 83 (TR -83) addressed the initial development activities necessary to access and develop the Wolf Creek Coal Seam. Longwall panels proposed to be mined are the 9RT through 5RT panels as shown on the WC -23 and WC - 23B maps submitted with PR -10. PR -10 also includes development of an internal ventilation and utility shaft in the Wolf Creek main entries and an adjustment to shift a segment of the eastern Permit Boundary to the east to include an additional 160 acres. During the review of PR - 10, TC submitted Permit Revision No. 11 (PR -11) which was similar to PR -10 for the most part but did not include mining in a 310 acre parcel of Federal coal within the COC -54608 coal lease. PR -11 also requested the same additional 160 acres to be added to the permit area as PR -10. The proposed decision to approve PR -11 was issued on February 25, 2016. Given this, the 160 acre additional permit area has already been approved and will not be added with the approval of PR - 10. No objections regarding the application were received. The Division received three comment letters. The Division of Water Resources' letter is dated March 2, 2015 and indicates that the storage and use of surface water may be subject to administration should the stream system in the area become over -appropriated. Also, the letter provides general information regarding well permitting. History Colorado submitted a comment letter dated February 10, 2015. The letter indicated based on a review that a finding of no historic properties affected is appropriate for the proposed revision. However, during the review of PR -10, cultural resources were identified that could potentially be impacted by the proposed operation. History Colorado submitted a comment letter dated September 11th, 2015. Based on the cultural resources survey conducted regarding the PR -10 application, two sites (5RT3324 and 5RT3325) were considered to be eligible for listing in the National Register of Historic Places (NRHP). The letter further requested that an analysis be conducted to determine the effects subsidence would have on these sites. TC conducted the required analysis and the results were submitted to History Colorado for review. On December 1 st, 2015 the Division received a letter from History Colorado indicating they concurred that these sites would not be adversely affected by subsidence. The Office of Surface Mining, Reclamation and Enforcement (OSMRE) submitted a comment letter dated March 17, 2015. The letter indicated the proposed action, adding approximately 310 acres of Federal Coal, constitutes a mine plan modification requiring approval of the Assistant Secretary, Land and Minerals Management and the OSMRE would begin developing a Mining Plan Page 6 of 52