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The Secretarial approval would be decided after the Division issues its proposed decision on the
<br />revision.
<br />The operator sent additional material in a submittal dated December 8, 2000 and received at the
<br />Division on December 11, 2000. In that submittal, BRL modified its mine plan, based on the
<br />results of a recent exploratory drilling program.
<br />The operator sent responses to the Division's adequacy review letters in submittals dated
<br />December 8, 2000, February 5, 2001, February 19, 2001 and Febmary 23, 2001.
<br />Eventually, all governmental agencies that had raised adequacy questions conceming Pernvt
<br />Revision No. 4 replied to the Division that all issues had been dealt with satisfactorily. The
<br />Division's concems had also been answered satisfactorily. Therefore, on February 27, 2001, the
<br />Division proposed to approve with conditions Permit Revision No. 4. Three new stipulations,
<br />numbered 8, 9 and 10, were attached to the approval of Permit Revision No. 4. In April of 2001,
<br />the Office of Surface Mining granted approval for the federal mining plan contanred in Perrnit
<br />Revision No. 4.
<br />The submittal for Permit Revision No. 5, dated May 14, 2001, was received at the Division on
<br />May 16, 2001. This revision proposed to increase the permit boundary to the west by 480 acres
<br />and allow for longwall mining west of the present mining, and west of the main fault but just east
<br />of Tenor Creek. Also, one gob vent borehole and its associated road would be constructed.
<br />Permit Revision No. 5 was called complete on May 29, 2001. Completeness letters were sent out
<br />to the appropriate governmental agencies and to local water user and environmental
<br />organizations on May 31, 2001. The public notice of completeness was published in the Delta
<br />County Independent on 3une 6, 2001.
<br />The Division received comment letters from several goverrmiental agencies, including the
<br />Colorado Historical Society, the Bureau of Land Management and the U.S. Fish & Wildlife
<br />Service. The U.S. Fish & Wildlife Service concluded, in a July 31, 2001 letter, that the
<br />operations proposed in PR-OS would not result in additional water depletions above those already
<br />accounted for in previous consultations and, therefore, would not cause any additional impacts to
<br />federally listed species. In a letter dated August 3, 2001, the Bureau of Land Management
<br />consented to the underground operations within Federal Coal Lease COC 61209 that would
<br />affect surface lands managed by that agency.
<br />The Division sent its fast adequacy review letter on July 26, 2001. BRL responded to the
<br />Division's concems in a submittal dated August 23, 2001 and received at the Division on August
<br />27, 2001. In that submittal, BRL requested that a second de-gas hole and its associated road be
<br />included in PR-O5. The Division sent another adequacy review letter, concerning ownership and
<br />identification of interests information, on September 14, 2001. BRL responded to the Division's
<br />second adequacy review letter in a submittal dated September 19, 2001 and received at the
<br />Division on September 21, 2001. A review of the Applicant Violator System (AVS) resulted in
<br />Stipulation No. 12 being attached to the PR-OS decision to approve the revision with conditions.
<br />Stipulations numbers 7 and 8, plus additional AVS concems associated with PR-O5, were
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