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<br />r <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to Approve Technical Revision <br />Application No. 111 (TR-111) for the West Elk Mine (Permit No. C-1980-007), submitted by Mountain <br />Coal Company, LLC. The operator proposes a conceptual plan for drilling methane drainage wells to the <br />mine's underground workings in longwall panel E-1. Panel E-1 was previously approved for mining in <br />Permit Revision 10. This conceptual drilling plan proposes, in approximate numbers, the construction of 6 <br />access roads and 14 drillpads, from which 16 wells will be drilled. The aggregate new surface disturbance <br />will be approximately 10 acres, all on National Forest lands. The precise locations of the roads, drillpads, and <br />wells for panel E-1, and the amount of required reclamation bond, are proposed to be established in a <br />subsequent application for a revision to the mining permit, which is currently planned for submittal by the <br />operator in early 2008. Please note that the application for TR-111 was submitted simultaneously with an <br />application for TR-112 which is a conceptual drilling plan for methane drainage wells in panels E-2 through <br />E-12. These panels have been proposed in the operator's application for Permit Revision 12, which was <br />approved April 29, 2008. <br />The Division is in receipt of the June 6, 2008, letter and Appeals Decision from the GMUG National Forest <br />giving its consent to the surface use proposed by the mine plan modifications related to TR111. <br />The Division conditionally accepts this consent as proof of right of entry, with final approval contingent <br />upon the expiration of the 15 business day implementation period required for the Forest Service Appeals <br />Decision under 36 C.F.R. 215.9(b). This approval does not authorize any action on the ground. The Division <br />provides this conditional approval to allow the next reviews by OSM and the USDI Assistant Secretary for <br />Land and Minerals to commence. According to the applicant, timely and successful completion of this <br />review will lead to proper ventilation of the mine and reduce the risk posed to the miners by the elevated <br />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 />The West Elk Mine is an underground coal mine located in Gunnison County, approximately 9 miles east of <br />Paonia, Colorado. Coal interest is Federal and private, and the surface affected is Federal and private land. <br />The permit area encompasses approximately 17,154.90 acres. <br />This proposed decision is based on a finding that the proposed operation will comply with all requirements <br />of the Colorado Surface Coal Mining Reclamation Act, Section 34-33-101, et seq., C.R.S., and the <br />regulations promulgated thereunder. <br />Copies of the proposed decision, including stipulations, are on file for public inspection at the Colorado <br />Division of Reclamation, Mining and Safety, Room 215, Centennial Building, 1313 Sherman Street, Denver, <br />Colorado 80203. Persons with an interest that may be adversely affected by the proposed decision may <br />request a formal hearing before the Mined Land Reclamation Board on the proposed decision. Such request <br />must be made within ten (10) days of the initial publication of this notice, must be in writing, and must state <br />with reasonable specificity the reasons for the request and the objections to the proposed decision.