ENFORCE37487

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 10/14/1993
• Doc Name: PHONE CONVERSATION /USFS
• From: DMG
• To: NOV C-93-112 FN C-80-007
• Violation No.: CV1993114
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department o(Nalural Resources
1317 Sherman 51., Room 215
Denver, CO 80207
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
DATE: October 14, 1993
TO: NOV C-93-112; File No. C -007
FROM: Christine Johnato
RE: Phone conversation
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Roy Romer
Governor
Michael B Long
Din sion Director
I called Mike Ward with the USFS in Paonia on October 13, 1993, to find out how
or what part they play in regulation of a coal mine. He said the USFS first does
a Leasing Suitability Criteria and gives consent to lease the coal and then the
BLM auctions off the lease. The lease ie then obtained by the company who then
submits an application to DMG and OSM. The Forest Service also receives a copy
of the application. They also receive all revieione regarding any changes on
USFS land. Mr. Ward stated that they are concerned with subsidence impacts and
access for drilling projects. Mr. Ward believes that the Forest Service has been
regularly noticed of any activity at the West Elk Mine.
In some of the correspondence with the Forest Service, I found that the USFS had
stated that they concur with the mine application. I asked him what they meant.
He said basically, they have reviewed the application (in this case an
application for two different permit revieione) and recommends that the
application be approved. i also asked Mr. Ward when the USFS would issue a
special use permit. He said a special use permit would be issued if they wanted
to install something that varies from the normal activities associated with coal
mining. For example, if they wanted to build a radio tower, a special use permit
would be issued. For roads outside the permit area, a road-use permit would be
issued. Right-of-entry is synonymous with road use permit. The permits usually
last ae long ae the project. They do not issue any sort of permit for road use
if they will be using the roads to access subsidence or hydrologic monitoring
sites.
I called Mr. Ward back on October 14, 1993 to ask him if HCC does utilize the
USFS roads, who ie responsible for maintenance. He said for special projects,
i.e., drilling, a road use permit is issued and road maintenance ie included.
For monitoring, the USFS does not require MCC to maintain the roads. The Forest
Service maintains some roads every year, others less often. He said that they
are not too concerned about MCC'9 use of the roads because they are using light-
weight vehicles which will not damage the roads. I also asked him to•FAX us the
letter he writes to MCC and he said he would. (MCC has asked the USFS to write
a letter stating they are satisfied with the notice they have received.)
Mr. Ward called me back later on the 14th, to make sure that the letter he was
writing would not jeopardize any relationships. I said no, that if the USFS felt
comfortable with the notice from West Elk, that we would not have any problems.
MCC had sent him a copy of the rule 4.20.2, and I suggested that he address each
of the requirements in hie letter with dates of notification if possible.
007NOV.PH2