Laserfiche WebLink
panel, as evidenced by the lack of headgate entries and set-up rooms that are needed to <br />create and comprise a longwall panel. These three exploratory entries do not change the <br />orientation of the proposed E3 longwall panel, do not add a longwall panel, nor add main or <br />sub-main entries. As such, MCC has not changed its projected E seam mine plan as <br />described in the permit narrative as well as on Map 51 and several other maps, tables and <br />exhibits. As stand-alone developed entries (i.e. not part of a longwall panel), these three <br />entries have been designed to remain stable and viable (i.e. will not crush or subside) and as <br />such do not and will not cause any impacts to the surface resources within or outside the <br />permit area (within which all potential affects have been projected and analyzed.) As shown <br />on the following comparison drawing of Map 51 (pre-MR-365 is shown at the top of the <br />drawing and post-MR-365 is on the bottom), even with minor revision #MR-365 that was <br />submitted and approved to "abate" this NOV, no change to MCC's mine layout or operations <br />plan was made. MCC merely added the current (at that time) mined areas of the E-seam to <br />the existing proposed E-seam operations map (i.e. not a "mine plan" change as alleged). <br />As stated in section 2.05.3(2) of MCC's permit, "Mine plans and pillar designs may change as <br />mining experience, geological-geotechnical conditions, and/or mine operational procedures <br />dictate." In addition to the term "affected area", another evident disparity between the <br />actual wording, meaning and overall intent of the regulations and CDRMS' apparent <br />interpretation in the case of this NOV, is the use and application of the term "mine plan". <br />For MCC, "mine planning" is the basis for justifying Arch Coal's shareholder investment in <br />the West Elk Mine operations. To ensure shareholder interests are properly regarded, <br />protected and enhanced, MCC's geologist, mining engineers and managers routinely <br />(nearly daily) compile, review and evaluate the mine's progress, as well as exploration and <br />other available data. Based on these evaluations, fine-tuning of the pillar designs (i.e. <br />bigger or smaller dimensions) and entry lengths (i.e. shorter or longer overall lengths) are <br />commonly made and carried out while the power, supplies, the series of mining equipment <br />and conveyors are in place in a given mining section. Once the power, mining equipment <br />and conveyors have been moved to another mining area, it is not reasonable, cost- <br />effective, nor prudent to move equipment, power and conveyors back for later <br />adjustments. As such, these adjustments are not considered mine plan nor mine layout <br />changes. They are routine operational adjustments - adjustments that do not require <br />modification approvals by either BLM or MSHA, nor has MCC or other operators ever <br />considered or permitted such as mine operations or mine plan changes. <br />Mining progress and other available data are also compiled, reviewed and evaluated for <br />consideration in decisions on other more substantial mine layout changes, including <br />longwall panel widths, barrier locations, mains or submains direction or additions or other <br />aspects of planned mining, including projections into potential future reserves. These <br />planning decisions are affected by further decision points, including the current status and <br />projections of production, coal markets, sales, financial fitness, etc. The typical work <br />product of these mine planning efforts is a variety of mine layout drawings, with various <br />mine layouts and timing scenarios created. These scenarios are used for internal <br />discussions and presentations prior to final decisions on proposed mining. Proposed <br />mining, such as widening a panel, for example, also requires detailed study and approval <br />by corporate officials, as additional capital investment must be justified. Until the <br />corporate approval of a mining layout or scenario occurs, MCC cannot consider them as <br />official mine plan changes and thus cannot proceed with permitting and represent those <br />changes as being true in a mine plan change. Such is the case for extending the overall <br />E3 longwall panel length. All of the necessary decision points are not yet available and <br />thus a decision cannot be made on the mine layout to extend the panel length at this time. <br />5