2006-06-02_GENERAL DOCUMENTS - C1980007

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 6/2/2006
• Doc Name: Proposed Decision & Findings of Compliance for PR10
• From: E-Seam Longwall Mining & Development of South of Divide Area
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

WITHIN 1 S DAYS OF CONSUMMATION OF THE TRANSFER OF THE WEST ELK MINE PERMIT
FROM MOUNTAIN COAL COMPANY TO MOUNTAIN COAL COMPANY, LLC, THE DIVISION
SHALL BE PROVIDED WITH DOCUMENTATION THAT ALL NECESSARY RIGHTS OF ENTRY, AS
REQUIRED BY SECTION 2.03.6, HAVE BEEN TRANSFERRED TO MOUNTAIN COAL COMPANY,
LLC.
STATUS: COMPLIED WITH 7/2/199$.
Stipulation No. 70
ACTIVITIES APPROVED UNDER TECHNICAL REVISION TR-102, NAMELY CONSTRUCTION OF A
6OO-FOOT ACCESS ROAD, CONSTRUCTION OF A DRILL PAD, AND DRILLING OF METHANE
DRAINAGE WELL 19-06, MUST NOT BEGIN UNTIL THE COLORADO DIVISION OF MINERALS AND
GEOLOGY RECEIVES PROOF OF US FOREST SERVICE APPROVAL OF THESE ACTIVITIES. THIS
STIPULATION HAS BEEN ADDED FOLLOWING CONSULTATION WITH THE US OFFICE OF
SURFACE MINING, AND RECOGNIZES THE ONE-TIME UNIQUE SITUATION CREATED FOR
MOUNTAM COAL COMPANY BY THE COMBINATION OF THE IMMEDIATE NEED TO PROVIDE
FOR MINE WORKER SAFETY, THE NEED TO COMPLETE THESE ACTIVITIES BEFORE NOVEMBER
30 ZOOS SO AS TO COMPLY WITH USFS SURFACE DISTURBANCE RESTRICTIONS, AND THE
SEPTEMBER 16 2005 NINTH CIRCUIT COURT DECISION (CASE NO. CIV-F-03-63$6 1KS;
DOCKET NO. 79) CREATMG A NEW COMMENT PERIOD FOR THE USFS APPROVAL PROCESS FOR
THESE PROPOSED ACTIVITIES.
STATUS: COMPLIED WITH 12/22/2005 BY SUBMITTAL OF TR-102.
Stipulation No. 71
ACTIVITIES APPROVED UNDER MINOR REVISION MR-319, NAMELY CONSTRUCTION OF A 1.0
ACRE DRILL PAD, CONSTRUCTION OF ALIMITED-EXTENT LIGHT-USE ROAD, AND DRILLING OF
BOREHOLES 24HS-O1, 24HS-02, AND 24HS-O3 TO FACILITATE DELIVERY OF WATER FOAM
AND NITROGEN INTO THE MINE, MUST NOT BEGIN UNTIL MOUNTAIN COAL COMPANY
RECEIVES US FOREST SERVICE APPROVAL FOR THESE ACTIVITIES. THIS STIPULATION
RECOGNIZES THE URGENT AND SOMEWHAT UNIQUE NEED BY MOUNTAIN COAL COMPANY
TO DRILL THESE BOREHOLES IMMEDIATELY UPON RECEIPT OF USFS APPROVAL.
STATUS: COMPLIED WITH 10/21/2005 BY SUBMITTAL OF MR-319.
Stipulation No. 72
ACTIVITIES APPROVED UNDER MINOR REVISION MR-320, NAMELY CONSTRUCTION OF A
0.45-ACRE DRILL PAD AND DRILLING OF TWO BOREHOLES TO FACILITATE
MONITORING/SAMPLING, INJECTING WATER, FOAM AND NITROGEN INTO THE MINE, MUST
NOT BEGIN UNTIL MOUNTAIN COAL COMPANY RECEIVES US FOREST SERVICE APPROVAL FOR
THESE ACTIVITIES. THIS STIPULATION RECOGNIZES THE URGENT AND UNIQUE NEED BY
MOUNTAIN COAL COMPANY TO DRILL THESE BOREHOLES IMMEDIATELY UPON RECEIPT OF
USFS APPROVAL.
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