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2008-07-01_REVISION - C1980007
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2008-07-01_REVISION - C1980007
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Last modified
8/24/2016 3:33:56 PM
Creation date
11/20/2008 11:57:21 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
REVISION
Doc Date
7/1/2008
Doc Name
Memorandum of Mountain Coal Company in Opposite to Request for Relief
From
DRMS
Type & Sequence
TR111
Media Type
D
Archive
No
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Furthermore, whether the action proposed under TR-111 is characterized as a technical <br />revision or permit revision has little effect on the ability of the appellants and the public to <br />participate in the permitting process. Both permit revisions and technical revisions provide the <br />public an opportunity to comment after the CDRMS has received a complete application. See <br />Section 2.07.3(3)(c) of the regulations. In addition, both permit revisions and technical revisions <br />allow the public to comment and request a formal Board hearing following the issuance of a <br />proposed decision by the CDRMS. See Sections 2.07.4(3) and 2.08.4(6)(b) of the regulations. <br />Whether a permitting action is characterized as a technical revision or a permit revision, the final <br />result of public intervention is the opportunity to bring the permitting action before the Board. <br />Appellants have certainly been provided an opportunity to participate in the permitting process <br />and will be able to present their comments at the July 9, 2008 Board hearing. <br />Contrary to the statements of the Appellants, the actions proposed by TR-111 and TR- <br />112 are distinct and should be treated separately. TR-111 provides for the construction of <br />sixteen MDWs on lands covered by Federal Coal Leases C-1362, a lease which has been <br />included in the Mine Permit since 1981. See Exhibit 5, TR-111 at 2. Conversely, TR-112 is <br />distinct from TR-111 because it relates in part to Federal Coal Lease COC-67232, issued by the <br />BLM in March of 2007, which until earlier this month was not included under the Mine Permit. <br />MCC submitted TR-111 and TR-112 as separate technical revisions, because the action proposed <br />under TR-112 was dependent on the approval of PR-12 and the inclusion of the Federal Coal <br />Lease COC-67232 in the Mine Permit. Conversely, TR-111 was not contingent on the approval <br />of PR-12 and instead related to the immediate mining needs of the West Elk Mine on an existing <br />coal lease under the Mine Permit. See Exhibit 5, TR-111 at 2. <br />In practice, the treatment of TR-111 and TR-112 as separate technical revisions has not <br />obscured their environmental consequences or inhibited public participation. The environmental <br />effects of both TR-111 and TR-112 were collectively studied under the EIS prepared by the <br />Forest Service, which provided Appellants ample opportunity to comment on the project. In the <br />permitting process before the CDRMS the Appellants and the public were provided the <br />opportunity to comment on both TR-111 and TR-112 when the CDRMS published notice that <br />the application were complete on October 24, 2007. After the CDRMS issued its proposed <br />decision for TR-111, the Appellants were provided an opportunity to comment and request a <br />formal hearing before this Board. Appellants and the public will be provided a similar <br />48424129-1266\7 10
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