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The Division issued the first preliminary adequacy review letter on April 15, 1994, which
<br />identified deficiencies in Geology, Hydrology, and Subsidence. MCC's responses to the
<br />preliminary review were received via facsimi]e on June 3, 1994. The proposed decision date was
<br />extended by MCC from June 14, 1994, to July 8, 1994. A second adequacy review letter was
<br />sent to MCC on July 5, 1994. MCC requested another extension to the decision date to July 22,
<br />1994. A meeting between the Division and MCC to assist MCC in responding adequately to the
<br />Division's questions was held on July 14, 1994. MCC requested another extension for the
<br />proposed decision to August 26, 1994, and subsequently to September 16, 1994, then September
<br />23, 1994; October 7, 1994; and finally to October 21, 1994. Additional review materials were
<br />received September 30, October 7, 14, and 20, 1994. A meeting was also held on October 7,
<br />1994. The proposed decision to approve the revision was issued on October 21, 1994.
<br />The Apache Rocks Permit Revision (Permit Revision No. 6) was submitted to the Division on
<br />June 8, 1995. The application was deemed complete for the purposes of filing on June 18, 1995.
<br />Appropriate agencies were notified of the application by letters dated June 19, 1995. The
<br />company's newspaper publication occurred in the Delta County Independent on June 21 and 28,
<br />and July 5 and 12, 1995. Division adequacy review letters were sent to Mountain Coal Company
<br />on June 30, 1995; August 25, 1995; September 20, 1995; October 18, 1995; November 20, 1995;
<br />January 15, 1996; and January 26, 1996. All concerns were adequately addressed by Mountain
<br />Coal Company. Mountain Coal Company responses and all comments received from other
<br />agencies are available for review at the Division office. The proposed decision was issued on
<br />January 26, 1996, with full consideration of the adequacy and other agency responses.
<br />On January 31, 1996, a permit renewal application was received by the Division for a successive
<br />five-yeaz permit term. On February 1, 1996, the application was deemed incomplete because the
<br />proof of newspaper publication was not included with the application. On March 6, 1996 the
<br />application was deemed complete for the purposes of filing following the receipt of an Affidavit
<br />of Publication for the public notice advertisement required by Rule 2.08.5(2)(b)(ii). On May 10,
<br />1996, an adequacy review letter was submitted to the Mountain Coal Company identifying
<br />several issues to be addressed as part of the current permit renewal process. All concems were
<br />adequately addressed by Mountain Coal Company. The Division renewed Mining Permit No. C-
<br />80-007 to Mountain Coal Company for the West Elk Mine on July 26, 1996.
<br />The Sylvester Gulch Facilities Area Permit Revision (Permit Revision No. 7) was submitted to
<br />the Division on November 18, 1996. The application was deemed complete for the purposes of
<br />filing on November 26, 1996. Appropriate agencies were notified of the application by letters
<br />dated December 04, 1996. Division adequacy review letters were sent to Mountain Coal
<br />Company on January I5, 1997, April 14, 1997, and on Apri129, 1997. All concerns were
<br />adequately addressed by Mountain Coal Company. Mountain Coal Company responses and all
<br />comments received from other agencies aze available for review at the Division office. The
<br />proposed decision to approve the revision was issued on April 30, 1997.
<br />Permit Revision No. 8, Box Canyon Revision, was originally received by the Division on Mazch
<br />2, 1998. The Revision was deemed complete on March 11, 1998, and appropriate agencies were
<br />notified of the application by letters that same date. Notice of the application was published in
<br />the Delta Independent on March 25, April 1, 8, and 15, 1998. Division adequacy review letters
<br />were sent to Mountain Coal Company on May 8, 1998, December 15, 1998, April 1, 1999, and
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