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The submittal for Permit Revision No. 5, dated May l4, 2001, was received at the Division on <br />May l6, 2001. This revision proposes to increase the permit boundary to the west by 560 acres <br />and allow for longwall mining west of the present mining, and west of the main fault but just east <br />of Terror 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 [he Deltu <br />County /ndependeru on June 6, 2001. <br />The Division received several comment letters from governmental agencies. In a letter dated <br />June 16, 2001 and received at the Division on June 20, 2001, the Colorado Historical Society <br />stated that no historical properties were listed within the designated area. The letter went on to <br />state that, if cultural resources are found in the area, work must be stopped until a proper cultural <br />resource evaluation is done. <br />The U.S. Fish & Wildlife Service sent letters dated July 18, 2001 and July 31, 2001 concerning <br />PR-O5. The Service concluded, in the July 31, 2001 letter, that the operations proposed in PR-OS <br />would not result in additional water depletions above those already accounted for in previous <br />consultations and, therefore, would not cause any additional impacts to federally listed species. <br />In a letter dated August 3, 2001, the Bureau of Land Management consented to the underground <br />operations within Federal Coal Lease COC 61209 that would affect surface lands managed by <br />that agency. <br />The Division sent its first adequacy review letter on July 26, 2001. BRL responded to the <br />Division's concerns in a submittal dated August 23, 2001 and received at [he 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 2l, 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 <br />combined into Stipulation number 12. Stipulations numbers 7 and 8 were, then, terminated. A <br />final response by BRL, in a letter dated and received on September 25, 2001, resolved all issues. <br />The Division sent a final letter, dated September 25, 2001, summarizing the successful resolution <br />of all of the adequacy issues. <br />The Division requested that the Office of Surface Mining (OSM) make a determination as to <br />whether Permit Revision No. 5 constituted a federal mine plan change requiring Secretarial <br />approval. In their response, OSM confirmed that the activities proposed in Permit Revision No. 5 <br />do constitute a federal mine plan change requiring Secretarial approval. The Secretarial approval <br />will be decided after the Division issues its proposed decision on the revision. <br />B <br />