2018-09-04_GENERAL DOCUMENTS - C1980007

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3 Introduction This document is the decision package prepared by the Colorado Division of Reclamation, Mining and Safety (the Division) for the West Elk Mine, permit no. C-1980-007. This document includes: 1) the proposed decision to approve the permit revision application; 2) a summary which includes a history of the review of the permit application, a description of the environment affected by the operation and a description of the mining and reclamation plan; and 3) the written findings of compliance the Division has made as required by the Colorado Surface Coal Mining Reclamation Act. Detailed information concerning the findings of compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, 2-CCR 407-2. The Division received an application for Permit Revision No. 15 (PR-15) to conduct surface coal mining and reclamation operations at the West Elk Mine. The application was submitted by Mountain Coal Company, LLC. (MCC), the mine operator, on March 29, 2018, and the Division deemed the application complete for the purposes of filing on April 5, 2018. The mine permit area comprises 17,235 total acres, 11,838 acres located on federal lands and 5,397 acres located on private lands within Delta and Gunnison Counties, Colorado. The legal description of the lands included within the permit area is: Portions of Sections 9 through 36 (inclusive), Township 13 South, Range 90 West of the 6th P.M.; Portions of Sections 23 through 26 (inclusive), Township 13 South, Range 91 West of the 6th P.M.; and Portions of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, and 12, Township 14 South, Range 90 West of the 6th P.M. The application for PR-15 proposes to expand the permit area boundary into the Sunset Trails area to the south of the currently approved permit area boundary, adding 2,620 acres to the permit area; and to revise the currently approved mine plan. The addition of four longwall panels is proposed. The projected area of mining is ~1,120 acres, comprising ~65% federally owned coal and ~35% privately owned. The addition of 43 Mine Ventilation Boreholes (MVBs) is proposed, with associated drill pads and access roads. An addition of 53.63 disturbed acres is proposed under PR-15. Proposed Decision The Colorado Division of Reclamation, Mining and Safety proposes to approve the application for PR-15. This proposed decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, Section 34-33-101 et seq., C.R.S., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. See, section 34-33-119, C.R.S. and Regulation 2.07.4. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. No coal mining operations may be conducted on any Federal surface or Federal coal until the Secretary of the Interior has approved the proposed mining plan. Three outstanding stipulations remain attached to permit number C-1980-007 and are listed below. (A complete list of inactive stipulations previously attached to the permit is given in