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J. J. Dudash - 2 - February 27 2004 Other Agencies 4. The Division contacted the Office of Surface Mining (OSM) concerning TR-31. OSM stated that, due to the small acreage involved, OSM will not be involved in this revision. BRL - No comment required. 5. As a reminder, the Division can not make a proposed decision on Technical Revision No. 31 until proof of right-of-entry for the modification of Federal Coal Lease COC61209 has been submitted to fhe Division by BRL. BRL -Enclosed is the modification of Federal Coal Lease COC-61209. Recent Rockfall The Division believes that the recent rockfall east of D-seam longwall panel D-9 has significance for any longwall mining near rock cliffs at the Bowie No. 2 Mine. This includes the extension of D-seam longwall panel WD3 that is proposed in TR-31 since it appears that rock cliffs maybe affected by subsidence effects from this panel extension. Therefore, the Division has the following questions concerning rockfalls as they relate directly or indirectly to TR-31. 6. Recognizing the recent rockfall on the Hubbard Creek Road just south of the junction with Dove Gulch, please validate that the surface subsidence feature is within the Extent of Subsidence Based on Mine Plan line, and include the rock run-out area within the Affected Area line. BRL -The Extent of Subsidence based on mine plan, shown on Map 27, was amended to encompass the rock run-out area on Hubbard Creek Road. 7. Concerning the recent rockfall, please add to the Worst Case Damage description on page 43, Volume lll, Exhibit 15, a description of potential rockfall damage and add rockfall to the warning sign (page 44). BRL - Pages 43 and 44 were amended to discuss potential rockfall damage. 8. The Division requests that BRL provide whateversubsidence monitoring information is available far the area around the rockfall. Referring to Map 27, this would include any data from subsidence monitoring points 17-A, 17-8, 17-C, 17-D, 23-A, 23-B and 23-C. BRL - Enclosed are subsidence monitoring data for lines 17 and 23. The Division received a letter dated December 8, 2003 from the Paonia Ranger District of the U.S.D.A.-Forest Service concerning the recent rockfall that was reported by BRL. Jim Stover, BRL's consultant, was copied on the letter. The rock fall is on Forest Service land, near the intersection of Dove Creek and Hubbard Creek. In the letter, the Forest Service stated that the rockfall blocked a section of the Hubbard Canyon road and probably occurred as a result of subsidence from the Bowie No. 2 Mine. Alang with the Forest Service's requirement to put up warning signs now, the letter also states that BRL has agreed to perform the necessary repair work, perhaps in the Spring of 2004.