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Page 1 of 1 <br />Hernandez, Daniel <br />From: Berry, David <br />Sent: Friday, June 06, 2008 5:40 PM <br />To: Hernandez, Daniel; Kaldenbach, Tom; Cramer, Johanna <br />Cc: Berry, David <br />Subject: FW: West Elk <br />Per Ron's message below, proceed with the TR111 proposed decision and include the language below in the <br />letters and publication. <br />David <br />From: Cattany, Ron <br />Sent: Friday, June 06, 2008 5:29 PM <br />To: Berry, David <br />Subject: West Elk <br />The Division is in receipt of the June 6, 2008, letter and Appeals Decision from the GMUG National Forest giving <br />its consent to the surface use proposed by the mine plan modifications related to TR 111. <br />The Division conditionally accepts this consent as proof of right of entry, with final approval contingent upon the <br />expiration of the 15 business day implementation period required for the Forest Service Appeals Decision under <br />36 C.F.R. 215.9(b). This approval does not authorize any action on the ground. The Division provides this <br />conditional approval to allow the next reviews by OSM and the USDI Assistant Secretary for Land and Minerals to <br />commence. According to the applicant, timely and successful completion of this review will lead to proper <br />ventilation of the mine and reduce the risk posed to the miners by the elevated methane levels at the current time. <br />Any appeal of the USFS consent or modifications to this consent before the conclusion of the 15 day <br />implementation period may be grounds for the Division to rescind its conditional approval. <br />6/18/2008