2016-05-04_REVISION - C1982056 (12)

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Modification Decision Document. The applicant violator system (AVS) was queried on September 9th, 2015 and the recommendation of the system was to provide ownership and control updates. TC revised Exhibit 47 of the permit with the necessary updates with PR -11 which was being reviewed simultaneously with PR -10 and was subsequently approved prior to PR -10. A follow-up AVS query was conducted on May 3, 2016 and the results indicated that no violations were found and the updated ownership and control information is adequate. The Division sent TC a preliminary adequacy review letter on April 3, 2015. This review identified a number of adequacy items. Several of the items were minor textual/map revisions. TC's updated mine plan includes mining in Federal Coal Lease COC -54608. At the time the application was submitted, TC had not obtained approval of the necessary Lease By Modification required to mine in this coal lease. The Division indicated that PR -10 could not be approved until TC obtained approval of the Lease By Modification (LBM). The Division found a discrepancy in the permit area that the Division had on record for the site and that TC had indicated the permit area should be based on PR -10's proposed revised pages. Several items pertained to the subsidence information provided by TC and the subsidence monitoring plan. On March 23, 2015, TC submitted supplemental information regarding PR -10 which included an updated subsidence evaluation report and updated permit text regarding subsidence. On May 5, 2015, the Division sent a second adequacy review of the supplemental information provided by TC. This review requested updates and revisions to several of the maps proposed to be revised with PR -10, revisions to the subsidence monitoring plan and updates to the Alluvial Valley Floor (AVF) section of their permit (2.06.8(5)) as well as an environmental monitoring program pertaining to the AVFs. On July 6, 2015, TC responded to the Division's first and second adequacy review. TC revised the text and maps as requested by the Division. TC acknowledged that they would have to obtain approval of the LBM prior to the approval of PR -10. TC provided some information regarding the discrepancy in permit area. TC updated the subsidence and AVF section of the permit and also supplied an environmental monitoring plan for the AVFs impacted by the proposed activities with PR -10. On July 21, 2015 the Division sent a third adequacy review letter. The Division cited several other textual updates and revision that would need to be made to the proposed revised pages. Additional information was requested regarding the permit acreage. Several other issues were identified regarding subsidence monitoring, AVFs and the environmental monitoring program for the AVFs. On August 14, 2015, TC responded to the Division's third adequacy review. They indicated the LBM had not been obtained at that time. The letter and revised information addressed the majority of the Division's concerns. On August 21, 2015 the Division received the results of a Class III Cultural Resources Inventory conducted in the area to be affected by subsidence as a result of the PR -10 activities that had not been previously inventoried. Two sites (5RT3324 and 5RT3325) located within the area proposed to be affected by subsidence are recommended to be eligible for inclusion on the National Register of Historic Places. On August 25, 2015, the Division forwarded the Cultural Resources Inventory to History Colorado for their review. On September 4, 2015 the Division sent a fourth adequacy review letter to TC. This letter acknowledged that the LBM had not been obtained at that time and that the decision date for PR - 10 would have to be extended until the LBM had been approved. The letter outlined the Division's findings regarding the discrepancy in permit acres. Several items were identified regarding TC's environmental monitoring program for the AVF's. Two additional items were identified regarding the results of the cultural resources inventory. On September 24, 2015, TC responded to the Page 7 of 52