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

14. The Division received additional comments from Objectors on June 25,
2018 and responded to those comments on July 6, 2018.
15. Applicant submitted an adequacy response to the Division on July 6,
2018, which included revised and updated maps. The Division shared Applicant's
adequacy response materials with Objectors on the same day and sent a response to
Applicant regarding the adequacy review. The July 6, 2018, responses shared with
Objectors included copies of the final maps.
16. On July, 12, 2018, the Division sent notice to Objectors regarding the
informal conference and provided public notice of the informal conference on July
18, 2018.
17. Additional updated adequacy response materials were shared with
Objectors by the Division on July 25, 2018.
18. The informal conference was held on August 1, 2018 in Hotchkiss,
Colorado.
19. Pursuant to section 34-33-119(1) and Rule 2.07.4(2)(a), Objectors
submitted additional comments to the Division on August 20, 2018.
20. The Division proposed a decision approving Permit Revision 15 on
September 4, 2018 and shared final revised pages, maps, and exhibits with
Objectors on the same day.
21. Public notice of the Division's decision was published in the Delta
County Independent newspaper on September 5, 2018 and again on September 12,
2018.
22. Pursuant to section 34-33-119(4) and Rule 2.07.4(3), Objectors
submitted comments to the Division on September 30, 2018 and requested a formal
hearing before the Board.
23. At the Board hearing on October 24, 2018, the Division presented
testimony regarding its process for determining whether an application is complete,
the subsequent adequacy review, and engaging the public during review of the
Application.
24. The Division's review of an application, including the Application for
Permit Revision 15, is iterative and intended to allow changes to the mining plan in
response to Division concerns and questions or other changed circumstances. Jason
Musick testified regarding the meaning of the Division's completeness and
adequacy review. The Division's determination that the Application was complete
Mountain Coal Company, LLC.
West Elk Mine / C-198-007 3