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C/580 007 Page 1 of 1 <br />Kaldenbach, Tom <br />From: Hernandez, Daniel <br />Sent: Tuesday, June 24, 2008 12:16 PM <br />To: 'jeff.fugate@state.co.us' <br />Cc: Kaldenbach, Tom; Berry, David <br />Subject: Mountain Coal Co TRA 11 USFS Consent Letter and DRMS Proposed Decision and Public <br />Notice <br />Attachments: REVISION%20-%20692008%2c%2012727%20PM-AHD.pdf; REVISION%20%20692008% <br />2c%20111125%20AM-AHD.pdf; REVISION%20-%20692008%2c%20111144%20AM- <br />AHD.pdf; REVISION%20-%206172008%2c%2012325%20PM-AHD.pdf; REVISION%20-% <br />206182008%2c%2093144%20AM-AHD.pdf; REVISION%20-%206182008%2c%2093038% <br />20AM-AHD.pdf <br />Hi, Jeff - <br />As we discussed earlier on the phone today, we have received a request for Formal Public Hearing regarding our <br />Proposed Decision to approve Technical Revision TR-111 for Mountain Coal Company's West Elk Mine. As <br />discussed, I've attached: <br />• a June 3, 2008 e-mail string between Henry Barbe of Mountain Coal Co and me, which included an e- <br />mail from Mr. Barbe to which was attached the June 2, 2008 letter from the USFS to Earthjustice denying <br />the appeal of the revised USFS. <br />• the June 5, 2008 e-mail from USFS Engineering and NEPA Project Specialist Niccole Mortenson to me <br />regarding the 15-business-day implementation period (following the June 2, 2008 decision rejecting the <br />appeal of the USFS's revised EIS ROD). The 15th day of this implementation period was June 23, 2008. <br />• the June 6, 2008 USFS Consent Letter regarding TR-111, sent to me and Carl Johnston of the US Office <br />of Surface Mining, and received in our offices on June 9, 2008 <br />• our June 9, 2008 Proposed Decision Form for TR-111 (the cover letter to Henry Barbe of Mountain Coal <br />Co contains language regarding the conditions of our approval) <br />• our June 9, 2008 request for publication of our Notice of Proposed Decision (the Notice of Proposed <br />Decision contains language regarding the conditions of our approval) <br />• a Proof of Publication, received by DRMS on June 16, 2006, demonstrating that our Notice of Proposed <br />Decision was published on June 11, 2006 with language regarding the conditions of our approval. The <br />subsequent public comment period of 10 calendar days began on June 12, 2008 and ended at 5:01 pm <br />on June 23, 2008 (the actual 10th day was Saturday June 21St, which extended the comment period to <br />the next business day, which was the 23rd) <br />9/16/2008