STATE OF COLORADO
<br />DIVISION OF RECLAMATION, MINING AND SAFETY
<br />Department of Natural Resources
<br />1313 Sherman St., Room 215
<br />Denver, Colorado 80203
<br />Phone: (303) 866-3567
<br />FAX: (303) 832-8106
<br />August 17, 2009
<br />Shannon V.Johnson
<br />Department of Natural Resources
<br />Division of Water Resources
<br />1313 Sherman Street, Room 818
<br />Denver, CO 80203
<br />Re: West Elk Mine (Permit No. C-1980-007)
<br />Technical Revision Application No. 119 (TR-119)
<br />Sediment Control Pond MB-5E
<br />Dear Ms. Johnson:
<br />COLORADO
<br />D I V I S I ON OF
<br />RECLAMATION
<br />MINING
<br />SAFETY
<br />Bill Ritter, Jr.
<br />Governor
<br />Harris D. Sherman
<br />Executive Director
<br />Ronald W. Cattany
<br />Division Director
<br />Natural Resource Trustee
<br />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116,
<br />Paragraph 4, of the Colorado Revised Statutes, that on August 17, 2009, an application to revise coal mining operations at the
<br />West Elk Mine was considered complete for the purposes of filing. The revision was submitted by Mountain Coal Company,
<br />LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing.
<br />The operator proposes to construct a new sediment control pond in the main surface facilities area of the mine, pond MB-5E.
<br />This new pond will replace existing pond M13-5, and will serve the same drainage area as MB-5 and the drainage areas of two
<br />other previously existing ponds, pond MB-1 (which will be converted to freshwater storage and renamed pond FW-2) and pond
<br />MB-2R (which will be reclaimed). The application proposes work on ditches and culverts necessary to direct water to the new
<br />pond MB-5E, and updates information in the permit application related to runoff and sediment control in the main surface
<br />facilities area.
<br />The underground coal mining operation is on land located approximately 9 miles east of Paonia, Colorado. The permit area is
<br />further described as follows:
<br />All or portions of. Sections 9 through 36 (inclusive), Township 13 South, Range 90 West; Sections 23 through 26 (inclusive),
<br />Township 13 South, Range 91 West; and Sections 1, 2, 3, 4, 8, 9, 10, 11, and 12, Township 14 South, Range 90 West; all of the
<br />6th Principal Meridian. Located in Gunnison and Delta Counties
<br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Somerset.
<br />The applicant is required to publish notice in a local newspaper that this application has been deemed complete. At the time of
<br />publication of this notice, the applicant is additionally required to place a copy of this application at the Gunnison County Clerk
<br />and Recorder, 221 N. Wisconsin, Gunnison, CO 81230, and at the Division office. For additional information or to provide
<br />written comments, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver,
<br />Colorado 80203, (303) 866-3567. In order for us to comply with regulatory time frames, we request that comments be
<br />submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed on the assumption that
<br />you have no concerns with, or objections to, the applicant's proposal.
<br />Sincerely,
<br />T"??
<br />Tom Kaldenbach
<br />Environmental Protection Specialist
<br />C-TIt#@9?P007_TAK_08172009020548.doc Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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