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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone (3031866-3567 <br />FAX: 17031 832-8106 <br />April 11, 1994 <br />Me. Joanne Williams <br />Gunnison County Planning Department <br />200 East Virginia <br />Gunnison, CO 81230 <br />RE: West Elk Miae; Mountain Coal Company; Permit Mo. C-80-007 <br />Dear Me. Williams; <br />I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />Ken Salazar <br />Exec wive Dusan. <br />Michael B Long <br />Division Director <br />To confirm our conversation on Friday, April B, 1994, the Division can review and <br />approve Mountain Coal Company's (MCC) permit revision application without <br />Gunnison County approval for the Minnesota Creek Protection plan revision. It <br />may be beneficial to MCC if these applications were submitted to Gunnison County <br />and the Division simultaneously. <br />Unfortunately, the Division cannot, at this time, provide Gunnison County, an <br />opinion on the revised protection plan. However, once the permit revision has <br />been submitted to the Division by MCC, we will review the application for <br />technical adequacy. The Division is allowed 120 days to review a permit revision <br />application. We welcome comments from other state agencies, local and county <br />government e, as well ae from the general public. We are responsible for <br />reviewing their mine plan, and for any possibility of damage to resources (i.e. <br />hydrologic resources, structures, or agricultural lands) due to subsidence. If <br />there are resources that may be damaged, we would require a subsidence protection <br />plan and subsidence monitoring. As the Minnesota Creek Protection plan is <br />currently part of MCC's permit, the Division would review the plan and require <br />that it be updated as needed to ensure proper mitigation under any new proposals. <br />The Division has both a regulatory basis and the expertise to evaluate MCC's mine <br />plan and determine the protection and monitoring required. <br />Please do not hesitate to contact me should you require anything further. <br /> <br />XChristin~ E. <br />Environmental <br />ec: David Berry, DM4'~ <br />Phil Schmidt, MCC <br />CEJ/007.411 <br />