2018-11-15_REVISION - C1980007 ‎(7)‎

• Permit No: C1980007
• IBM Index Class Name: Revision
• Doc Date: 11/15/2018
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: AGS- Jeff Fugate
• To: DRMS
• Email Name: JRS
• Email Name: JDM
• Email Name: LDS
• Media Type: D
• Archive: No

("Rules"), the Division deemed the application for Permit Revision 15 complete on
April 5, 2018.
4. The Division created a Google Drive folder to share Application
materials with Objectors, and shared the initial Application materials on April 12,
2018.
5. On April 11, 2018, public notice of the Application was placed in the
Delta County Independent and appeared again on April 18, 25, and May 2, 2018.
6. The public notice stated that the Application was to "expand the
permit boundary by adding approximately 2,620 acres of [Operator's] existing fee
coal and private surface, along with federal coal and surface lands of modified
federal coal leases COC -1362 & COC -67232, provide a proposed area of projected
longwall panels, as well as proposed MVB sites and roads."
7. Pursuant to Rule 2.07.3(5) public comment on the Application was due
to the Division within thirty days of May 2, 2018, the last date of publication of the
public notice.
8. Objectors submitted timely comments to the Division on June 1, 2018
and, pursuant to section 34-33-118(6) and Rule 2.07.3(6), requested an informal
conference and site visit to prepare for the informal conference.
9. The Division responded to the Objectors' comments on June 12, 2018.
10. Following its determination that the Application was complete, the
Division began an adequacy review of the Application. The Division sent its first
adequacy review letter to Applicant on June 18, 2018.
11. The Division and Objectors met on June 18, 2018 to discuss and plan
the site visit requested by Objectors. The Division communicated separately with
the Applicant regarding the requested site visit.
12. The Division shared a map of the proposed site visit with Applicant
and Objectors on June 19, 2018 and stated that the plan for the site visit, as agreed
with Applicant, was to tour all or some of the sites marked in purple on the map.
13. The site visit took place on June 21 and 22, 2018, and was attended by
representatives of the Division, the Objectors and the Applicant. The site visit
included all areas on the map circulated with the parties on June 19. The site visit
did not include areas of private property, but Objectors were taken to an overview
area that looked over the private property.
Mountain Coal Company, LLC.
West Elk Mine / C-198-007 2