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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