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Summary <br />The Review Process <br />Twentymile Coal Company (TCC), a subsidiary of RAG American Coal Company, submitted a permit <br />renewal application (RN-04) for the Foidel Creek Mine. The Foidel Creek Mine is exclusively an <br />underground coal mining operation located approximately 22 miles southwest of Steamboat Springs, <br />Colorado in Routt County. Permit No. C-82-056 was issued on May 23, 1983, and has been renewed <br />every five years since then. <br />For the current renewal RN-04, the Division notified TCC by letter on August 6, 2002 that its permit for the <br />Foidel Creek Mine would expire on May 23, 2003. The letter explained that, for operations to continue <br />beyond that date, Section 2.08.5(3)(f) requires an application for renewal to be received on or before <br />November 23, 2002. TCC submitted a renewal application on November 25, 2002 (the effective deadline as it <br />is the first working day after the November 23 deadline, a Saturday), and the application was found complete <br />on December 2, 2002. TCC published a notice of the application in the Steamboat Pilot, four consecutive <br />weeks from July 27, 2003 through August 17, 2003. <br />No objections regarding the application were received. The only comments the Division received were letters <br />from the Bureau of Land Management (BLM) and the State Historic Preservation Office (SHPO). The letter <br />from BLM states there is no need to modify the existing Resource Recovery and Protection Plan, and <br />recommends approval of the permit renewal application. The letter from the SHPO states the proposed permit <br />renewal does not require further cultural resource work and provides concurrence for the project to proceed. <br />The Division forwarded both letters to the mine operator. <br />The applicant violator system (AVS) was queried on February 7, 2003. In regard to compliance history, the <br />recommendation of the system was to issue this permit renewal. A follow-up AVS query on December 23, <br />2003 also resulted in a recommendation to issue this renewal. <br />On December, 2, 2002, the Division sent an adequacy question to TCC regarding updating the ownership and <br />control information. The Division sent additional adequacy questions to TCC April 11, 2003 regarding <br />updating mineral and land ownership maps. The Division received adequate responses from TCC regarding all <br />adequacy comments on October 30, 2003. On October 29, 2003, the Division requested updated permit pages <br />for satisfying the requirements of Stipulation 11. Those pages were received on December 17, 2003. All <br />adequacy concerns have been resolved; therefore, the Division proposes to approve the renewal application, <br />as previously stated. <br />Publication of this proposed decision initiates a thirty day public comment period. Provided there are no <br />objections to the decision, it becomes final at the close of the comment period. <br />Descriotion of the Environment <br />The Foidel Creek Mine is located approximately 22 miles southwest of Steamboat Springs, in Routt <br />County, Colorado. The permit area varies in elevation from 6,600' to 7,500' with the portal openings at <br />6,885' along Foidel Creek. Generally, the topography consists of gently rolling hills, dip slopes and cliff <br />outcrops. Flatter topography is evident in the valleys of the major streams draining the area (Fish Creek <br />and Foidel Creek), as well as along the gentle dip slopes. Prominent cliffs have formed where massive <br />sandstone units outcrop. Coal is presently, and has historically been, mined under other approved permits <br />