2008-11-24_GENERAL DOCUMENTS - C1996083

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to the Division concerning PR-04. The Division did not receive any comments from the public concerning Permit Revision No.4, nor were there any requests for an informal conference. The Division sent its first adequacy review letter on November 8, 2000. Additional adequacy review letters were sent by the Division on December 27, 2000 and on February 5, 2001 The Division requested and the Office of Surface Mining confirmed that the activities proposed in Permit Revision No. 4 did constitute a federal mine plan change requiring Secretarial approval. The Secretarial approval was granted after the Division issued its proposed decision. In a submittal dated December 8, 2003, BRL modified its mine plan, based on the results of a recent exploratory drilling program. The operator sent responses to the Division's adequacy review letters in submittals dated December 8, 2000, February 5, 2001, February 19, 2001 and February 23, 2001. The Division's concerns and those of other governmental agencies were answered satisfactorily. Therefore, on February 27, 2001, the Division proposed to approve with conditions Permit Revision No. 4. Three new stipulations, numbered 8, 9 and 10, were attached to the approval of Permit Revision No. 4. The submittal for Permit Revision No. 5 was received at the Division on May 16, 2001. This revision proposed to increase the permit boundary to the west by 480 acres and allow for longwall mining west of the present mining, and west of the main fault but just east of Terror Creek. Also, one gob vent borehole and its associated road would be constructed. Permit Revision No. 5 was called complete on May 29, 2001. Completeness letters were sent out and the public notice of completeness was published. The Division received comment letters from several governmental agencies, including the Colorado Historical Society, the Bureau of Land Management and the U.S. Fish & Wildlife Service. The Division sent its first adequacy review letter on July 26, 2001. BRL responded to the Division's concerns in a submittal dated August 23, 2001. In that submittal, BRL requested that a second de-gas hole and its associated road be included in PR-05. The Division sent another adequacy review letter on September 14, 2001. BRL responded to the Division's second adequacy review letter in a submittal dated September 19, 2001. A review of the Applicant Violator System (AVS) resulted in Stipulation No. 12 being attached to the PR-05 decision to approve the revision with conditions. Stipulations numbers 7 and 8, plus additional AVS concerns associated with PR-05, were combined into Stipulation number 12. Stipulations numbers 7 and 8 were, then, terminated. A final response by BRL, in a letter dated September 25, 2001, resolved all issues. The Division requested, and the Office of Surface Mining confirmed, that the activities proposed in Permit Revision No. 5 did constitute a federal mine plan change requiring Secretarial approval. The secretarial approval was granted after the proposed decision to approve by the Division. BRL applied for Permit Revision No. 6 in a submittal received at the Division on August 10, 2001. The submittal addressed the construction of the unit train loadout and an increase in the coal production rate from 5 million tons per year to six million tons per year. The permit area would be increased by 71 acres, all on private land. The disturbed area would increase by 34 acres with new ponds J and K. The submittal was first called incomplete but, then, was called complete on August 14, 2001. Completeness letters were sent and the public notice of completeness was published four times. The Division received adequacy review responses from several governmental agencies, including the Colorado Historical Society, the U.S. Fish & Wildlife Service (USF&WS) and the U.S.D.A.-Forest Service. 7