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Tom Kaldenbach <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />(303) 866-3567, ext. 8128 <br />-----Original Message----- <br />From: Ted Zukoski [mailto:tzukoski@earthjustice.org] <br />Sent: Monday, August 10, 2009 5:57 PM <br />To: Hernandez, Daniel <br />Cc: Kaldenbach, Tom; Berry, David; Pineda, Loretta <br />Subject: RE: Mountain Coal - West Elk Mine - Coal Washing Plant <br />Dan: <br />Thanks, as always for the helpful info. I may check in with your office again at the end of <br />August to review MCC's application. <br />Hope things are well with you as well. <br />TZ <br />From: Hernandez, Daniel [Daniel.Hernandez@state.co.us] <br />Sent: Monday, August 10, 2009 3:43 PM <br />To: Ted Zukoski <br />Cc: Kaldenbach, Tom; Berry, David; Pineda, Loretta; Welt, Kathy <br />Subject: RE: Mountain Coal - West Elk Mine - Coal Washing Plant <br />Hello Mr. Zukoski. Good to hear from you again. Hope things are going well. <br />Thanks for bringing the article in Sunday's G7 Sentinel you mentioned to our attention: <br />http://www.gjsentinel.com/news/content/news/stories/2009/08/09/081009_3A <br />_Arch_Coal.html . <br />The construction of a new coal processing facility, including the modification of such an <br />existing facility, would in almost all cases require prior approval from our office. <br />Mountain Coal Company has discussed with us the geologic and operational issues the company <br />has recently encountered at the West Elk mine, and their ideas on how to address those <br />issues. The company has informed us of their hope to submit a request to conduct the <br />activity described in the article sometime around the middle of this month. <br />Opportunities for formal public comment regarding such requests are as described in our laws <br />and regulations: <br />Coal Law: http://mining.state.co.us/rulesregs/(2008)%2034-33.pdf <br />Coal Regulations: <br />http://mining.state.co.us/rulesregs/Coal%20Regulations%209%2014%2005.pdf <br />Formal public comment periods regarding such requests typically commence soon after we find <br />such a request "Complete" and the applicant publishes a notice that it has submitted the <br />2