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West Elk Coal Company, Inc. ~/~ ' / j ~ - ~ `- - <br />... Post Ollice Box 591 //~~i7 ~~ ,{ .~ II I III III III IIII III <br />Somerset, Colorado 81434 11444 ~^ <br />Telephone 303 929 5015 999 <br />~~ <br /> <br />April 9, 1990 <br />Mr. Jim Ferguson, Wildlife Biologist <br />BUREAU of LAND MANAGEMENT <br />2465 S. Townsend <br />Montrose, Colorado 81401 <br />{pR 13 i99C1 <br />nrt~r~ED ;.Ar~~ <br />r. <br />re: Approval to Retreat Mine the Northwest Submain <br />and Panels of Mt. Gunnison No. 1 Mine per <br />Special Condition #5 of Mine Plan Approval <br />.Document #CO-0021 <br />Dear Jim; <br />As you know, Special Condition #5 of the Office of Surface <br />Mining's Plan Approval Document # CO-0021 was attached to West <br />Elk Coal Company, Ines (WECC) Mine Plan Approval based on a <br />past Bureau of Land Management (BLM) unsuitability criteria to <br />protect a Cooper's Hawk nest located near the site of WECC's <br />proposed Upper Coal Refuse Disposal area. This surface site <br />has not yet been developed, but WECC has amended the F seam <br />mine plan under that general area to develop and retreat (thus <br />subside) the Northwest Submains and three panels. Special <br />Condition #5 requires the BLM's written approval to retreat <br />mine and subside in the area of the nest. Based on the <br />following information, WECC requests such approval. <br />On March 13, 1990, you accompanied WECC's Dennis Conn and Don <br />deGraffenried on a visual survey of the draw where the <br />original nest was located several years ago. The trees were <br />still bare at that time and aided in spotting any nests in the <br />aspen trees. No nests were located in the lower part of the <br />draw, but three were located within 200 yards of each other at <br />about 7100 feet in elevation, about midway up the draw. The <br />area of the nests is plotted on the attached map of the <br />projected Northwest Submain and panels showing the overburden <br />depths. The overburden depths in the area of the nests range <br />from approximately 375 feet to 520 feet. <br />Subsidence at Mt. Gunnison No. 1 Mine has been monitored since <br />1984 with survey grids primarily over the 1W15 panel and <br />extending over the 1W2S and 1W35 panels. Data from two <br />nR C- F+nF <br />