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April 30, 1999. All concerns were adequately addressed by Mountain Coal Company. A final
<br />AVS (Applicant Violator System) check was completed on January 25, 2000. Mountain Coal
<br />Company responses and all comments received from other agencies aze available for review at
<br />the Division office. The proposed decision to approve the revision was issued on January 19,
<br />2000.
<br />Permit Revision No. 9, for coal handling facilities and E-seam access in Sylvester Gulch, was
<br />first received by the Division on September 14, 1999, and called complete on September 24,
<br />1999. The first adequacy letter was sent to the Operator on November 23, 1999. Mountain Coal
<br />Company withdrew the application for Permit Revision No. 9 on August 29, 2002.
<br />Mountain Coal Co. submitted a permit renewal application (for renewal #4) on January 31, 2001,
<br />and it was received by the Division on February 2, 2001. The application was found incomplete
<br />on February 4, 2001, and was called complete on April 12, 2001. An adequacy review was
<br />conducted but no comments were submitted to the applicant because issues had been resolved by
<br />an extensive midterm review, the revisions from which had just been completed in 2000.
<br />Permit Revision No. 10, the addition of E-seam mining in the South-of-Divide permit area, was
<br />initially received by the Division on Apri12, 2004, and called complete on April 12, 2004. The
<br />first adequacy letter was sent to MCC on July 6, 2004. Responses were received on December 2,
<br />2004. The Division returned a second round of adequacy comments and questions on February
<br />24, 2005. At the time of this finding, the permit revision is still pending.
<br />The application for Permit Revision No. 11, the addition of 690 acres of the West Flatiron lease,
<br />was received November 16, 2004, and found complete on November 23, 2004. An initial
<br />adequacy letter was sent by the Division on January 6, 2005, and responses were received from
<br />MCC on February 18, 2005. A second set of adequacy comments was sent by the Division on
<br />Mazch 1, 2005, and responses were received on Mazch 18, 2005. These responses were
<br />determined to satisfy the Division.
<br />No public comments were received. A letter was received by the Bureau of Land Management
<br />on March 8, 2005, stating that MCC's plan was adequate to meet all current Federal regulations
<br />regarding R2P2 and MER. The U.S. Forest Service sent a letter of concurrence with an approval
<br />decision on March 17, 2005. Letters were received from the Colorado State Historic
<br />Preservation Officer on 1 December 2004, and from the State Engineer's Office on December 3,
<br />2004, indicating there were no comments or objections.
<br />Operations at the West Elk Mine (WEM) have been conducted under several different names in
<br />the past. Before 1991, the WEM itself was known as the Mt. Gunnison No. 1 Mine. Since the
<br />mine opened, operations were conducted under the following names: Anaconda Minerals
<br />Company, ARCO Coal Company (a Division of Atlantic Richfield Company), and West Elk
<br />Coal Company, Inc. The name was changed from West Elk Coal Company, Inc., Mt. Gunnison
<br />No. 1 Mine, to Mountain Coal Company, West Elk Mine, and processed by the Division as a
<br />Succession of Operator. Both companies are wholly owned subsidiazies of the Atlantic Richfield
<br />Company. The Division issued a proposed decision to approve the name change pursuant to
<br />Rule 2.08.6(4) on December 20, 1991. The decision was final following the public comment
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