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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 />Ron Velarde <br />NW Regional Wildlife Manager <br />Colorado Division of Wildlife <br />NW Regional Service Center <br />711 Independent Ave. <br />Grand Junction, CO 81505 <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. Velarde: <br />COLORADO <br />D I V IS I O N 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 January 11, 2010, 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 75-acre coal waste rock pile for disposing approximately 16 million <br />cubic yards of coal waste rock. The project is proposed on land owned by the mine operator in Section 15 of <br />Township 13 South, Range 90 West, one-half mile southeast of the mine's currently active waste pile. The <br />proposal includes associated access roads and ditches. This new waste pile is needed because the currently active <br />20-acre waste rock pile is approaching its maximum capacity of approximately 1.4 million cubic yards. Proposed <br />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 <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