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i <br />r~ <br />Mr. Weaver February 12, 1992 <br />approved a mine plan that allowed you to mine north of the lease area to maximize <br />resource recovery. Later in 1979, the OSM acknowledged that the mine plan showed <br />proposed mining outside the lease area. Also, the OSM acknowledged that this was part of <br />the previously approved mine plan <br />Since correspondences from various agencies were confusing, it is the wish of the Division <br />to handle this without enforcement action. Also the O.C. mine has been submitting mine <br />plan maps that show active mining outside the permit area but the Division had not been <br />diligent in pointing this out to the operator. Please understand, however, that an <br />enforcement action may still be necessary. It is important that the O.C. mine and the <br />Division resolve this situation by permitting the additional azea and updating the application <br />to include the new BLM lease area. The addition of acreage into the permit area must be <br />done as a permit revision. Besides the Division's review, the Federal government must <br />review the application and issue its approval since they own the coal. Although you have a <br />BLM lease the Secretary of the Interior must sign off on the Division's approval. Therefore, <br />the O.C. mine should submit a complete application for a permit revision by April 15, 1992. <br />The following aze the Division's concerns that the O.C. mine must address as part of the <br />preliminary adequacy review. A response to these concerns should be submitted on or <br />before March 16, 1992. <br />1. The renewal application contained descriptions and maps that show the permit azea as <br />200 acres. The Division, during the 1982 permit issuance and during the 1987 renewal, only <br />approved the mining of 80 acres. Therefore references to the 200 acre permit area must be <br />removed from the renewal application. <br />2. The surface ownership and subsurface ownership maps submitted with the renewal must <br />be removed from this application because they show the additional 120 acres in the permit <br />area. The existing maps in the application are adequate for the renewal. Also page 3 of the <br />renewal application form must be changed to reflect that only 80 acres are permitted. <br />3. Exhibit 10 is a map of the facilities and portal area. To perform bonding calculations the <br />Division will need more information concerning the disturbance at the mine site. Rule 2.05.3 <br />(3) requires that the operating plan "contain a narrative and maps ...describing the <br />location, construction, modification, use, maintenance and removal of mine facilities in the <br />permit area including all buildings, structures and utility corridors:' The map should contain <br />the following: <br />2 <br />