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GCC Energy, LLC <br />'OGCC Post Office Box 2827 <br />Durango, CO 81302 <br />Telephone: 970.385.4528 4424 County Road 120 <br />Energy "Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326 <br />the land to be affected as of the date of the application... Such maps or plans shall show, among other <br />things specified by the office, all boundaries of the land to be affected... " <br />GCC contends that the information required by this section of the statute is present and current within the <br />King Coal Mine permit document, located on Map C-3 that identifies the mine plan area, permit area, and <br />all areas to be affected. <br />34-33-110(2)(o) states in relevant part; "Cross sections, maps, or plans of the land to be affected, <br />including the actual area to be mined... and depicting the following: The nature and depth of the various <br />strata of overburden; the location of subsurface water, if encountered, and its quality; nature and <br />thickness of any coal or rider seam above the coal seam to be mined; the nature of the stratum <br />immediately beneath the coal seam to be mined, all coal crop lines and the strike and dip of the coal to be <br />mined, within the land to be affected, existing or previous surface mining limits; the location and extent of <br />known workings of any underground mines, including mine openings to the surface; the location of <br />aquifers; the estimated elevation of the water table; the location of spoil, waste, or refuse areas and <br />topsoil preservation areas; the location of all impoundments for waste or erosion control, the location of <br />any settling or water treatment facility; the location of constructed or natural draimvays and the location <br />of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and <br />profiles at appropriate cross sections of the anticipated final surface configuration that will be achieved <br />pursuant to the operator's proposed reclamation plan; " <br />GCC contends that the information required by this section of the statute is present and current within the <br />King Coal Mine permit document. <br />Further, 34-33-110(2)(o) of the statute refers to the information required for application for a coal mining <br />and reclamation permit, not information required subsequent to the issuance of a permit by the Division. <br />For the above reasons, the issuance of the NOV is flawed and should be vacated. <br />4. The following sections of the Regulations are cited as being violated in the NOV; 2.05.3(2)(b), <br />2.07.7(8). The requirements of each rule are cited below with GCC's response. <br />A. Rule 2.05.3(2)(b) states, "Underground Mining. A detailed narrative and appropriate map(s), <br />prepared according to the standards of 2.10, sufficient to describe all proposed surface disturbances to be <br />associated with the underground mining activities within the permit area. Each operation plan shall <br />include a narrative, cross-sections, map(s) and timetable(s) sufficient to describe the areal extent of the <br />proposed underground workings and the stratum to be affected. " <br />GCC's understanding of the NOV, as described by Mr. Kaldenbach, is that the location of the <br />development sub-mains is different than that portrayed on one of the maps in the approved permit <br />document. Additionally, it was conveyed that as the location was different, the Division could not assess <br />the potential affects from the location of the development sub-mains, and there was an additional question <br />GCC Energy, LLC Page 2 <br />Request for Public Hearing before the Mined Land Reclamation Board: <br />Notice of Violation CV-2008-002