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Page 1 of 1 <br />Hernandez, Daniel <br />From: Hernandez, Daniel <br />Sent: Wednesday, July 09, 2008 3:31 PM <br />To: 'Carl Johnston' <br />Cc: Kaldenbach, Tom; Berry, David; 'Jeff Fugate'; 'Barbe, Henry'; 'Ryan Z Taylor'; 'Liane Mattson'; <br />'Niccole A Mortenson'; Levi Broyles; 'tzukoski@earthjustice.org'; 'Drysdale. Michael@dorsey.com' <br />Subject: Formal Public Hearing -- Mountain Coal Company -- TR111 <br />Hi, Carl - <br />Just wanted to let you know that the Colorado Mined Land Reclamation Board met today and conducted a Formal <br />Public Hearing regarding our Proposed Decision to approve Technical Revision TR-111 to DRMS Permit No. C- <br />1980-007. Permit No. C-1980-007 is the DRMS permit issued to Mountain Coal Company for the West Elk Mine. <br />The request for a Formal Public Hearing was filed by Earthjustice on behalf of its clients Rocky Mountain Clean <br />Air Action and Colorado Wild. The Board today affirmed the Division's Proposed Decision to Approve Technical <br />Revision TR-111. <br />Section 2.08.4(6) (b)(iii) of the Regulations of the Colorado Mined Land Reclamation Board states in part, "The <br />applicant or any person with interest which is or may be adversely affected may request a hearing by the Board... <br />If properly requested under the provisions of this subsection, a hearing shall be held at the next regularly <br />scheduled Board meeting and a final decision shall be made at that hearing and become immediately effective <br />with notice of the decision being mailed to the permittee." <br />I have not yet conferred with Roxane Baca, the Board's attorney, as to how soon she will have a Board Order <br />ready for signature. I will forward you a copy of the signed Board order as soon as we receive a copy. <br />Dan <br />7/9/2008