2010-02-05_GENERAL DOCUMENTS - C1980004

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 2/5/2010
• Doc Name: Bankruptcy Notice
• From: DRMS
• To: Jim Stover
• Permit Index Doc Type: General Correspondence
• Email Name: MPB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
COLORADO
Denver, Colorado 80203 DIION OF
Phone: [phone] REMATION
FAX: [phone]

Y
SAFET
February 5, 2010
Bill Ritter, Jr.
Governor
Jim Stover Harris D. Sherman
J.E. Stover & Associates Executive Director
2352 N 7 h Street
Unit B Ronald W. Cattany
,
Grand Junction, CO 81501-8168
r Division Director
Natural Resource Trustee
Re: McClane Canyon Mine, LLC
Proposed New Coal Mine Waste Pile
Alluvial Valley Floor Informal Opinion
Dear Mr. Stover:
Your letter of December 21, 2009 requested an informal Board opinion as to whether or not the area of
land to be affected by the proposed McClane Canyon Mine new coal mine waste pile is in, adjacent to, or
under an alluvial valley floor. The request was made in accordance with Rule 2.06.8(3) (a). Although the
rule indicates that such informal opinions are to be provided by the Board, in the interest of expedience
and practicality, our established practice is for the Division to provide an initial response. If the applicant
desires an informal Board opinion following receipt of the Division's informal opinion, such request can
still be pursued.
The proposed waste pile would be located in the East Salt Creek drainage south of the McClane Canyon
Mine facility area. The investigation area being reconsidered is located east of East Salt Creek. Under
the current permit, much of the area in question is located within a designated Alluvial Valley Floor
(AVF) used mainly for grazing as identified and mapped in the permit application package (see Map 4.1-
2 of the permit document). The site also lies adjacent to the main East Salt Creek AVF of which several
areas along this stretch of the creek above and below the mine are ditch irrigated and used for cropping.
However, our informal opinion is that it is likely the original determination regarding the boundaries of
the East Salt Creek AVF in the proposed waste pile vicinity can be revised, based on information
presented in the AVF report prepared by ERO Resources Corporation (ERO) as described below.
The Division has reviewed the Alluvial Valley Floor Determination, McClane Canyon Mine, Coal Mine
Waste Pile report prepared by ERO dated December 17, 2009 which was submitted with your request.
This report provides the background information necessary for Division staff to provide an initial
response to your request. The report includes Figures 1-3, Site Location Map, Surficial Geology Map, and
a General Location Map of Adjacent Area Irrigated Fields, respectively. Also included are site
photographs, groundwater monitoring information, and a written evaluation of the location of the
proposed waste pile to determine if the area includes lands that meet the definition of an AVF. The text
provides a summary and analysis of Rule 2.06.8 of the Regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, which provides the basis for concluding that the specific area
proposed for the new waste pile does not meet the criteria of Rule 2.06.8(3)(c).
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines