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<br /> <br />STATE iii iiiiiiiiiiiiiii <br />OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />De{ldrlmcnl ul Ndlu r,il Kcaxi2e5 <br />I31 J Shcrm•in til , Huom ! I S +u <br /> <br />Denver, Columdu HUIILI l~ <br /> <br />Phone' 130 tl Nr~b~JSLi I <br />II <br />FAti: IJOh it iJ !I I01~ <br /> DEPARTMENT OF <br /> NATURAL <br />November 21, 1995 <br /> RESOURCES <br />Henry A. Bazbe Ruy Romer <br />Mountain Coal Company `"°"e`"°` <br />P <br />O <br />Box 591 lames 5. Lochhead <br />. <br />. E.ccwi~c Dvedor <br />Somerset, CO 81434 ~„<,,,el s (°nR <br /> Dnnwn Di~edor <br />Re: West Elk Mine (Permit No. C-80-007) <br />Proposed Decision -Technical Revision No. 77 <br />Increase Annual Coal Production <br />Deaz Mr. Barbe: <br />The Division has reviewed Mountain Coal Company's (MCC) responses to our adequacy letter, and finds <br />the responses acceptable and proposes to approve the application. Enclosed you will find the Division of <br />Minerals and Geology's Proposed Decision Form for Technical Revision No. 77 at the West Elk Mine. <br />Notice of the proposed decision will be published in the Defra County Independent as soon as possible. The <br />first publication will initiate the ten (10) day public cortunent period for the Division's decision. <br />The Division has approved MR-171, which included a revised Air Emission Permit to increase the annual <br />production to 5.5 million tons per year. The Division understands that MCC has submitted another <br />application to the Air Pollution Control Division to increase the annual through-put to 8.2 million tons per <br />yeaz. A copy of the new permit should be provided to the Division upon approval by the Air Pollution <br />Control Division. <br />Please also find enclosed statements from the U.S. Fish and Wildlife Service regarding the Windy Gap <br />calculation. It appears that a depletion fee is no longer required for depletions of 100 acre-feet or less. <br />Therefore, the USFWS has waived the fee for this project. <br />If this action pertains to a federal mine (coal or surface ownership), documentation must be submitted to the <br />Division demonstrating that a copy of the revision application and any subsequent modifications were sent to <br />the appropriate federal agencies. For non-federal mines, documentation must be submitted showing that one <br />copy of the application in final form has been sent certified mail to OSM, Western Regional Coordinating <br />Center, 1999 Broadway Blvd., Suite 3320, Denver, Colorado 80202-5733. The project may not proceed <br />until all copies have been sent. <br />If yoy,have any questions, please contact me. <br />Environmental <br />CEJ/bjw <br />Enclosure <br />\arw\WSTELKTR.77 <br />