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Introduction <br />This document is the decision package prepared by the Colorado Division of Reclamation, <br />Mining and Safety (Division) for the West Elk Mine (WEM), Permit Revision No. 12 (PR-12). <br />This document includes: 1) the proposed decision to approve the permit revision application; <br />2) a summary which includes a history of the review of the permit application, a description of <br />the environment affected by the operation and a description of the mining and reclamation plan; <br />and 3) the written findings of compliance the Division has made as required by the Colorado <br />Surface Coal Mining Reclamation Act. Detailed information concerning the findings of <br />compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining. <br />The Division received the application for PR-12 from Mountain Coal Company (MCC), the <br />operator of the West Elk Mine. The application for PR-12 proposes to add the Dry Fork Federal <br />coal lease (COC-67232) to the permit area, expanding the mine's affected area and permit area <br />by approximately 1,517 acres. The application proposes mining in only the E seam within the <br />Dry Fork lease area. The Dry Fork lease area is comprised of coal rights underneath the following <br />lands: portions of Sections 35 and 36, Township 13 South, Range 90West; parts of Sections 1, 2, <br />11, and 12, Township 14 South, Range 90 West; all of the 6cn Principal Meridian. No additional <br />surface disturbance is proposed in PR-12. (Surface disturbances have been proposed for methane <br />drainage wells in the Dry Fork lease area and other areas in Technical Revisions 111 and 112, <br />currently in review.) The mine permit area, including the PR-12 expansion area, encompasses <br />approximately 17,155 acres on federal and private lands within Gunnison and Delta Counties, <br />Colorado. These lands include all or portions o£ Sections 9 through 36 (inclusive), Township 13 <br />South, Range 90 West; Sections 23 through 26 (inclusive), Township 13 South, Range 91 West; <br />and Sections 1, 2, 3, 4, 8, 9, 10, 11, and 12, Township 14 South, Range 90 West; all of the 6`n <br />Principal Meridian. The lands within the permit area can be found on the USGS 7.5 minute <br />Quadrangle maps of Bowie and Somerset. <br />Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve the application <br />for Permit Revision 12, with conditions. This decision is based on a finding that the operations <br />will comply with all requirements of the Colorado State Program as found in the Colorado <br />Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. Upon submittal of acceptable surety by MCC, the permit will be issued. The permit <br />application, all supporting documentation and any stipulations or conditions will become a <br />binding part of the permit. <br />Active permit stipulations that are attached to permit C-80-007 immediately prior to issuance of <br />this proposed decision for PR-12 are listed below. Inactive permit stipulations are listed in <br />Appendix "A" at the end of this Findings document. <br />2 <br />