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On January 31, 1996, a permit renewal application was received by the Division for a
<br /> successive five year permit term. On February 1, 1996. the application was deemed
<br /> incomplete because the proof of newspaper publication was not included with the application.
<br /> On March 6, 1996 the application was deemed complete for the purposes of filing following
<br /> the receipt of an Affidavit of Publication for the public notice advertisement required by Rule
<br /> 2.08.5(2)(b)(ii). On May 10, 1996, an adequacy review letter was submitted to the Mountain
<br /> Coal Company identifying several issues to be addressed as part of the current permit renewal
<br /> process. All concerns were adequately addressed by Mountain Coal Company. The Division
<br /> renewed Mining Permit No. C-80-007 to Mountain Coal Company for the West Elk Mine on
<br /> 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
<br /> of filing on November 26, 1996. Appropriate agencies were notified of the application by
<br /> letters dated December 04, 1996. Division adequacy review letters were sent to Mountain
<br /> Coal Company on January 15, 1997, April 14, 1997, and on April 29, 1997. All concerns
<br /> were adequately addressed by Mountain Coal Company. Mountain coal company responses
<br /> and all comments received from other agencies are available for review at the division office.
<br /> The 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
<br /> March 2, 1998. The Revision was deemed complete on March 11, 1998, and appropriate
<br /> agencies were notified of the application by letters that same date. Notice of the application
<br /> was published in the Delta Independent on March 25, April 1, 8, and 15, 1998. Division
<br /> adequacy review letters were sent to Mountain Coal Company on May 8, 1998. December 15,
<br /> 1998. April 1, 1999, and April 30, 1999. All concerns were adequately addressed by
<br /> Mountain Coal Company. A final AVS (Applicant Violator System) check was completed on
<br /> January 25, 2000, Mountain Coal Company responses and all comments received from other
<br /> agencies are available for review at the Division office. The proposed decision to approve the
<br /> revision was issued on January 25, 2000.
<br /> Operations at the WEM have been conducted under several different names in the past. Before
<br /> 1991, the WEM itself was known as the Mt. Gunnison No. 1 Mine. Since the mine opened,
<br /> operations were conducted under the following names: Anaconda Minerals Company, ARCO
<br /> Coal Company (a Division of Atlantic Richfield Company), and West Elk Coal Company, Inc.
<br /> The most recent name change from West Elk Coal Company, Inc., Mt. Gunnison No. 1 Mine,
<br /> to Mountain Coal Company, West Elk Mine, was processed by the Division as a Succession of
<br /> Operator. Both companies are wholly owned subsidiaries of the Atlantic Richfield Company.
<br /> The Division issued a proposed decision to approve the name change pursuant to Rule
<br /> 2.08.6(4) on December 20, 1991. The decision was final following the public comment
<br /> period, on January 20, 1992. On March 23 1998, MCC submitted a request for transfer of
<br /> permit and succession of operator, changing the name from Mountain Coal Company to
<br /> Mountain Coal Company, LLC, subsequent to the acquisition of Arco Coal's US operations
<br /> by Arch Coal, Inc. The application was approved April 23, 1998.
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