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opportunity to comment and request a formal hearing before the Board for TR-112 when the <br />CDRMS issues its proposed decision for TR-112.7 <br />E. Prompt Approval of TR-111 by the Board is Critical to the Continued Operation of <br />the West Elk Mine. <br />Any delay in the approval of TR-111 will needlessly jeopardize the continued operation <br />of the West Elk Mine. Longwall mining is tentatively set to begin in the E-1 panel of the E <br />Seam in October of 2008, but MSHA requires an approved ventilation plan for the E-1 panel. <br />Up to this point, all ventilation plans at the West Elk Mine have relied on the use of MDWs as a <br />proven and legal method of safely controlling and removing CMM from the mine. Absent <br />approval of TR-111, which provides for the construction and operation of the MDWs draining <br />the E-1 panel, MCC will be unable to get MSHA's approval to commence mining. <br />Further necessitating the prompt approval of TR-111 are regulatory and environmental <br />limitations on drilling activities at the West Elk Mine. All drilling activities at the West Elk <br />Mine, including the drilling and construction of MDWs, are subject to stipulated limitations <br />attached to MCC's federal coal leases. Lease stipulations to Federal Coal Lease C-1362, which <br />cover the lands subject to the TR-111, restrict surface activities, including the drilling of MDWs, <br />to protect big game wintering range for a period generally covering from December 1 through <br />April 30 annually. See Exhibit 8, Federal Coal Lease C-1362 att. A-3 and Federal Coal Lease <br />COC-67232 att. A-4. As a result of the stipulations, it is very unlikely that MCC would be able <br />to conduct any MDW drilling under TR-111 from December 1, 2008 to April 30, 2009. <br />In addition to restrictions under the lease stipulations, the West Elk Mine is located in a <br />National Forest in rugged terrain that experiences severe weather early each Fall, and which <br />makes drilling activities very difficult after the first storms hit in October. Consequently, the <br />combination of lease stipulations and site conditions means that if MCC is unable to drill the <br />MDWs servicing the E-1 panel before October of 2008, mining of the E-1 panel will be <br />foreclosed until May or later of 2009, forcing the shutdown of the mine. MCC therefore <br />respectfully urges the Board to render its decision as scheduled on July 9-10 2008, so that the <br />' In addition, Appellants have submitted comments to CDRMS outside of the traditional avenues provided under <br />the CDRMS permitting process. On February 13, 2008, Appellants submitted a letter to Ron Cattany concerning <br />PR-12, TR-111 and TR-112. <br />4842-4129-1266\7 11