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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 />Tom Spezze <br />SW Regional Wildlife Manager <br />Colorado Division of Wildlife <br />SW Regional Service Center <br />415 Turner Drive <br />Durango, CO 81303 <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 Mr. Spezze: <br />COLORADO <br />D I V I S ION 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, <br />Section 116, Paragraph 4, of the Colorado Revised Statutes, that on August 17, 2009, an application to revise coal <br />mining operations at the West Elk Mine was considered complete for the purposes of filing. The revision was <br />submitted by Mountain Coal Company, LLC. All review and comment periods as provided in the Act and the <br />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, <br />pond MB-5E. This new pond will replace existing pond MB-5, and will serve the same drainage area as MB-5 and <br />the drainage areas of two other previously existing ponds, pond MB-1 (which will be converted to freshwater <br />storage and renamed pond FW-2) and pond MB-2R (which will be reclaimed). The application proposes work on <br />ditches and culverts necessary to direct water to the new pond MB-5E, and updates information in the permit <br />application related to runoff and sediment control in the main surface facilities area. <br />The underground coal mining operation is on land located approximately 9 miles east of Paonia, Colorado. The <br />permit area is further described as follows: <br />All or portions of. Sections 9 through 36 (inclusive), Township 13 South, Range 90 West; Sections 23 through 26 <br />(inclusive), Township 13 South, Range 91 West; and Sections 1, 2, 3, 4, 8, 9, 10, 11, and 12, Township 14 South, <br />Range 90 West; all of the 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 />Because the above referenced technical revision application would incorporate additional lands into the permit <br />area or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting <br />your agency's evaluation of the proposal. Your comments and concerns relating to the adequacy of fish and <br />wildlife resources information, the fish and wildlife plan, and the reclamation plan as it relates to fish and wildlife <br />considerations, including potential impacts to threatened or endangered species, are requested. If wildlife habitat <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines