2009-04-08_APPLICATION CORRESPONDENCE - C2008086

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Letter to Mr. Cattany re: CAM-Colorado Permit Application C2008086 Page 3 April 7, 2009 (b) The applicant has demonstrated that surface coal mining and reclamation operations, as required by the Act and these Rules can be feasibly accomplished under the mining and reclamation operations plan contained in the application. Colorado MLRB Regulations for Coal Mining § 2.07.06(2) (emphasis added). However, coal mining cannot be feasibly accomplished as described in CAM-Colorado's permit application because no mining can safely occur unless MDWs remove methane from the mine. Further, the application is incomplete because it fails to completely describe surface impacts from MDWs, the well pads that must be bulldozed for them, and the access roads to the MDW sites. DRMS rules require disclosure of such impacts: Each.application shall contain a detailed description of the specific mining operations proposed to be conducted within the permit area. This description shall include, at a minimum, the following: [...] (3) Mine facilities. (a) A description, plans, and drawings, describing the location, construction, modification, use, maintenance and removal of mine support facilities in the permit area including all buildings, structures, utility corridors and other support facilities including but not limited to those listed in 4.04. Plans and drawings shall include a map, to meet the standards prescribed in 2. 10, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with 4.04. [.... ] (c) A description of each road conveyor, or rail system to be constructed, used or maintained within the proposed permit area. The description shall include a map, prepared in accordance with 2. 10, [and] appropriate cross sections [etc.] Id. at § 2.05.3 (emphasis added). Despite BLM's conclusion that MDWs are part of the Red Cliff Mine's "'proposed action," DEIS at 2-20, the application contains no description or map of MDWs or the roads to be "constructed, used or maintained" to access them. It is important for CAM-Colorado to fully disclose the nature and extent of surface disturbance, since DRMS must determine an adequate bond for such disturbance and since DRMS must ensure that the surface impacts can be fully reclaimed. See, e.g_, id. at § 3.02.2 (requiring applicant post a bond "sufficient to assure the completion of the reclamation plan if the work had to be performed by the Board"); id. at § 4.04 (requiring that mine support and transportation facilities "be designed, constructed or reconstructed, and maintained, and the area restored" to protect wildlife, water quality, and other resources). DRMS therefore must reverse its finding that permit application C2008086 is complete and require CAM-Colorado to provide additional information to the agency concerning MDWs, well