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CENTER for BIOLOGICAL DIVERSITY WMDEARTH GunRnurrs A FORCE FOR NATURE ;,��,SIERRA �i�% CLUB Jim Stark Coal Program Director Colorado Division of Reclamation, Mining and Safety 1313 Sherman St., Suite 215 Denver, CO 80203 jim.stark(kstate.co.us Submitted electronically Dear Mr. Stark: � \ o 2 40 C 0 - August 20, 2018 Thank you for the staff time and insight you provided during the August 1, 2018 informal conference which was requested in our June 1, 2018 Request for Informal Conference related to the Division of Reclamation, Mining and Safety's (the "Division's") proposal to approve Mountain Coal Company's ("Mountain Coal's") PR -15 permit application. This letter is submitted on behalf of WildEarth Guardians, Sierra Club, High Country Conservation Advocates, and the Center for Biological Diversity ("Conservation Groups") and provides additional information or comments pursuant to MLRB Rule 2.07.4(2)(a). As discussed during the informal conference, there have been a number of changes to Mountain Coal Company's PR -15 permit application. These changes include, but are not limited to, an additional mine panel bringing the total mine panel count to four, additional road mileage, additional well pads, a 50% increase in acreage impacted by on -the -ground disturbance, and increased use of and impacts on COC -67232. These are substantial changes or significant alterations from the original mine plan that was released for public comment in the spring and as such, Conservation Groups urge the Division to provide public notice of these changes and an opportunity for the public to provide comments. I. Mountain Coal Company's Denial of Conservation Groups Access to Private Lands During the June Site Visit Violates the Law. As discussed in a June 25, 2018 letter and during the informal MLRB Rule 2.07.3(6)(b) conference, Conservation Groups were denied access to areas of the mine plan area that were necessary for gathering information relevant to the informal conference. Specifically, we were unable to access nearby private lands for purposes of ascertaining the condition of a potential access road that could have limited ground disturbance or lead to more rapid reclamation of National Forest lands. This denial of access violates the Division's regulations and the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"). See MLRB Rule 2.07.3(6)(b)(iii); 30 U.S.C. § 1263(b). Although a person that requests access to the proposed permit area to gather information relevant to the informal conference "shall at all times be accompanied by the applicant, his agent or employee, be under their control, direction and supervision", "[a]t no time shall the applicant, his agent, or employee use this control to restrict the visitor's access to those portions of the proposed mine plan area necessary for the gathering of information relevant to the conference." MLRB Rule 2.07.3(6)(b)(iii). 1