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Kaldenbach, Tom <br />From: Welt, Kathy [KWelt@archcoal.com] <br />Sent: Thursday, May 14, 2009 9:04 AM <br />To: Hernandez, Daniel; Kaldenbach, Tom <br />Cc: Berry, David; Nolte, Doug; Sweetwood, Ryan; Nyikos, Chris; Hansen, Chris <br />Subject: RE: MR 354 - Geotech Boreholes <br />Attachments: Lt-use rd as-built pg chng.pdf <br />Dan, <br />Thank you very much for your consideration. Attached is the revised permit page (see top <br />paragraph) committing to providing the CDRMS with a certified as-built drawing following construction <br />of field-designed light-use roads. We appreciate being able to move this application forward as a <br />Minor Revision and will work with you to diligently answer further questions or provide additional <br />information. <br />xathy Weft, <br />Environmental Engineer III <br />Mountain Coal Company, LLC <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Phone (970) 929-2238 <br />Cell (970) 433-1022 <br />Fax (970) 929-5050 <br />From: Hernandez, Daniel [mailto:Daniel.Hernandez@state.co.us] <br />Sent: Thursday, May 14, 2009 8:19 AM <br />To: Welt, Kathy <br />Cc: Berry, David; Nolte, Doug; Sweetwood, Ryan; Nyikos, Chris; Kaldenbach, Tom <br />Subject: RE: MR 354 - Geotech Boreholes <br />Hello Kathy - <br />Thank you for your May 13 response to our e-mail of May 8. <br />We appreciate MCC revising the MR 354 application to indicate that the borehole previously proposed to be drilled into <br />the abandoned Oliver Mine will now not be drilled into the mine, but rather near it. <br />We further appreciate MCC revising the application to include language that the proposed 1330 feet of an optional new <br />Light Use Road will be field-designed per the requirements of Rule 4.03.3. As the proposed road is a structure that by <br />regulation is required to be designed, and as proposed activities required to be processed under a Technical Revision <br />include design changes in regulated structures, our regulations seem to direct us to process this application as a <br />Technical Revision. However, as the regulations also allow Light-Use Roads to be field designed, I believe the regulations <br />can be satisfied with MCC including, in a revised permit page, a commitment to provide CDRMS a post-construction as- <br />built of the road. This as-built would need to certify that the Light-Use Road (should it be built) was constructed in <br />accordance with the applicable design criteria of Rule 4.03.3. Should MCC agree to such a commitment, I believe the <br />application could continue to be processed as a Minor Revision. <br />Please let us know if MCC would be agreeable to this. If so, please provide a revised permit page that includes such a <br />commitment.