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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 />January 11, 2010 <br />Desty Dyer <br />U.S. Bureau of Land Management <br />Uncompahgre Field Office <br />2505 S. Townsend Ave. <br />Montrose, CO 81401 <br />Re: West Elk Mine (Permit No. C-1980-007) <br />Technical Revision Application No. 120 (TR-120) <br />New Refuse Pile In No Name Gulch <br />Dear Mr. Dyer: <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; Section 116, <br />Paragraph 4, of the Colorado Revised Statutes, that on January 11, 2010, 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 75-acre coal waste rock pile for disposing approximately 16 million cubic yards of <br />coal waste rock. The project is proposed on land owned by the mine operator in Section 15 of Township 13 South, Range 90 <br />West, one-half mile southeast of the mine's currently active waste pile. The proposal includes associated access roads and <br />ditches. This new waste pile is needed because the currently active 20-acre waste rock pile is approaching its maximum <br />capacity of approximately 1.4 million cubic yards. Proposed new land surface disturbance is approximately 80 acres. <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 /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />TAK/Ahd <br />C-TIPAi(NA607 TAK 01 1 1 20100 10655.doc Office of <br />Mined Land Reclamation- Denver Grand Junction Durango Active and Inactive Mines