2008-10-10_REVISION - C1980007 ‎(8)‎

• Permit No: C1980007
• IBM Index Class Name: REVISION
• Doc Date: 10/10/2008
• Doc Name: Proposed Decision and Findings of Compliance for PR14
• From: DRMS
• Type & Sequence: PR14
• Email Name: TAK
• Media Type: D
• Archive: No

a) An area designated unsuitable for surface coal mining operations [2.07.6(2)(d)(i)];
b) An area under study for designation as unsuitable for surface coal mining operations
[2.07.6(2)(d)(ii)];
c) The boundaries of the National Park System, the National Wildlife Refuge System,
the National System of Trails, the National Wilderness Preservation System, the
Wild and Scenic Rivers System including rivers under study for designation, and
National Recreation Areas [2.07.6(2)(d)(iii)(A)];
d) Three hundred feet of any public building, school, church, community or
institutional building, or public park (2.07.6(2)(d)(iii)(B));
e) One hundred feet of a cemetery [2.07.6(2)(d)(iii)(C)];
f) The boundaries of any National Forest. The proposed operation (portions of the
lease area) is within the boundaries of Grand Mesa, Uncompahgre and Gunnison
National Forests. The Secretary of Interior has approved this by indicating that West
Elk leases within the Forests are suitable for underground coal mining. Refer to the
OSM 1981 Mine Plan Approval, the BLM Report of Coal Unsuitability Criteria and
a letter from the U.S. Forest Service dated October 3, 1986, concurring with West
Elk's Mining Plan (2.07.6(2)(d)(iii)(D)). Refer also to a letter written by the BLM
on March 8, 2005, stating that MCC's plan is adequate to meet all current Federal
regulations regarding R2P2 and MER. Refer also to the Coal Unsuitability Analysis
for Jumbo Mountain Coal Lease, prepared by the Uncompahgre Basin Resource
Area of the BLM, which includes an Environmental Assessment. The Apache
Rocks Permit Revision is addressed by the U.S. Forest Service in their letter of
December 5, 1995, and by the BLM in their letter of November 24, 1995. The Box
Canyon Permit Revision is addressed by the U.S. Forest Service in their letter of
January 6, 2000, and by the BLM in their letter of December 10, 1999. The South of
Divide area (PR-10) is addressed by the U.S. Forest Service in their letter of April
27, 2006. The Dry Fork lease area (PR-12) is addressed by the U.S. Forest Service
in their letter of October 15, 2007, and by the BLM in their letter of October 10,
2007. The E-seam methane drainage wells for longwall panels 1 (TR-111) and 2
through 12 (PR-14) are addressed by the U.S. Forest Service in their letter of June 6,
2008.
g) One hundred feet of the outside right-of-way line of any public road except where
mine access or haul roads join such line, and excepting any roads for which the
necessary approvals have been received, notices published, public hearing
opportunities provided, and written findings made [2.07.6(2)(d)(iv)]. The West Elk
mine permit area is within 100 feet of the outside right-of-way line of State Highway
133 and Forest Service 711.
At an informal conference held May 12, 1981, in Paonia, Colorado, to review public
input on the proposed West Elk Mine, no mention of any concern with the location
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