2008-07-15_REVISION - C1980007 ‎(4)‎

• Permit No: C1980007
• IBM Index Class Name: REVISION
• Doc Date: 7/15/2008
• Doc Name: Findings of Fact, Conclusion of Law and Board Order
• From: DRMS
• Type & Sequence: TR111
• Email Name: DIH
• Media Type: D
• Archive: No

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BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER
IN THE MATTER OF ROCKY MOUNTAIN CLEAN AIR ACTION AND COLORADO
WILD REQUEST FOR A HEARING,
Objectors,
PERMIT NUMBER C-1980-007, Technical Revision TR-111
Permitted Site: West Elk Mine
THIS MATTER came before the Mined Land Reclamation Board ("Board") on July
9, 2008, in Denver, Colorado, based on the request for a hearing by Rocky Mountain Clean
Air Action and Colorado Wild, filed by Earthjustice, regarding the decision by the Division
of Reclamation, Mining and Safety's ("Division") to issue a proposed conditional approval
of Mountain Coal Company, LLC's ("MCC") request for a technical revision to coal permit
C-1980-007.
Tom Kaldenbach and Dan Hernandez appeared on behalf of the Division. Jeff
Fugate, Assistant Attorney General was also present on behalf of the Division. Jeremy
Nichols of Rocky Mountain Clear Air Action was present with counsel, Edward B. Zukoski,
staff attorney for Earthjustice, on behalf of Rocky Mountain Clean Air Action and Colorado
Wild (collectively "Objectors"). Gene DiClaudio, President of Mountain Coal Company,
LLC, was present with counsel Michael R. Drysdale of Dorsey and Whitney, LLP.
The Board, having considered the pleadings and exhibits submitted by the parties, the
testimony of the witnesses and having been otherwise fully informed of the facts in this
matter, hereby enters the following findings of fact, conclusions of law and Board Order.
FINDINGS OF FACT
1. MCC has a Division issued coal permit, number C-1980-007, for an
underground mine on property located at Section 28, Township 13 South, Range 90 West, of
the 6"' P.M., consisting of approximately 17,154.90 acres in Gunnison County and Delta
County, Colorado. The site is referred to as the West Elk Mine. MCC submitted a technical
revision, known as TR-111, to the Division on October 15, 2007.
2. The technical revision proposed by MCC in TR-111 included the addition of
six access roads, 14 drill pads, averaging one half acre each, 16 methane drainage wells, ten
acres total new land disturbances in a 1.1 square mile area, all on U.S. Forest Service land.
TR-111 is a conceptual plan, with precise road and well locations to be shown in a
Mountain Coal Company, LLC
C-1980-007