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MCC is required to seek and obtain the approval from the Bureau of Land Management <br />(BLM) for the initial mine plan (i.e. mine layout) and any subsequent mine plan changes <br />that would reduce the amount of coal that is planned to be mined within a valid existing <br />federal coal lease. If additional acceptable coal is found within the lease at the end of a <br />planned panel (as was found in the northeast development entries of projected panel E3) <br />operators are encouraged to continue mining. In fact, MCC's coal leases require that the <br />minable coal reserves be mined for maximum economic recovery. The BLM conducts regular <br />inspections of the mine to ensure that all minable coal is identified and recovered. Should <br />mining of the E3/E4 gateroad entries later this year confirm that the minable coal height and <br />condition is consistent with the height identified in the exploratory entries (i.e. is consistent <br />across the proposed E3 longwall panel), as committed in MCC's minor revision #MR-365 <br />responses, a revision application will be provided to the Division (but not needed for the BLM) <br />to revise the projected E3 longwall panel setup room further east (i.e. the eastern extent of the <br />panel). As MCC does not believe this panel extension constitutes a real mine layout or mine <br />planning change, MCC considers this revision application to the Division as a courtesy. <br />Conversely, should the quality and/or height of the coal cause the planned longwall panel to be <br />shortened, then a mine layout plan change would need to be submitted and approved by the <br />BLM to authorize the bypass of those coal reserves. In a post inspection discussion last <br />month, Tom Kaldenbach had told MCC that the CDRMS would not consider that shortening of <br />a panel within the mine plan "boundary' as a mine plan change. As such, the term "mine plan" <br />evidently does not have the same use or meaning for CDRMS and MCC or BLM. <br />? "2.07.7(8) Conditions of Permits - The permittee shall comply with the terms and <br />conditions of the permit, all applicable performance standards of the Act, and the <br />requirements of these Rules." <br />Because there has been no change to MCC's mine layout plan to date, because MCC has <br />assumed and included the entire coal reserves area within the approved permit area as <br />being affected acres, and because the exploratory development entries have been <br />designed to remain stable and viable (i.e. will not crush or subside) and as such do not and will <br />not cause any impacts to the surface resources within or outside the permit area, MCC has <br />been and remains in full compliance with its permit, the regulations and the Act. <br />? "2 10 3(1)(c) - Specific Information Requirements - The boundaries of all areas <br />proposed* to be affected' over the estimated* total life of the proposed* surface or <br />underground mining activities2, with a description* of size, sequence, and timing of <br />the mining and subareas for which it is anticipated* additional permits will be sought;" <br />*general description = verbal representation involving only the main or more <br />obvious features of something and lacking detail or precision. <br />*affected = acted upon, influenced or changed. <br />*proposed = to put forward for consideration; suggest, offer <br />*estimated = approximated, guesstimated; tentative evaluation or rough calculation <br />*description = verbal representation or illustration <br />6