2010-11-16_GENERAL DOCUMENTS - C1996083

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The Division sent its final adequacy letter to BRL on May 7, 2003. The Division included the reclamation cost estimate in the amount of $370,186.00 for the activities proposed in Permit Revision No. 7. BRL responded on May 12, 2003. All outstanding issues were resolved. The application for Permit Revision No. 8, dated February 27, 2003, was submitted by BRL on February 28, 2003. In this revision, BRL proposed the initial five year B-2 coal seam mine plan within fee coal and Federal Coal Lease COC 61209. The permit revision was called complete on March 10, 2003 and letters of completeness were mailed to the appropriate agencies and organizations. The completeness public notice was published four times in the Delta County Independent, in the March 12, 19, 26 and April 2, 2003 editions. BRL responded to the Division's adequacy review letter of April 10, 2003 in a submittal dated July 22, 2003. All but two of the Division's concerns were answered satisfactorily to the Division in BRL's responses. The Division sent a second adequacy review letter, dated September 15, 2003. BRL replied with their second response letter, dated September 17, 2003. All of the Division's concerns were resolved with that second response letter from BRL. The Division received one comment letter for Permit Revision No. 8. In a letter dated April 21, 2003, the United States Department of Agriculture-Forest Service (USDA-FS) expressed concerns about the effects of subsidence in the Sheep Corral drainage. BRL responded to the concerns of the USDA-FS in the adequacy review response letter dated July 22, 2003. In a reply letter dated September 24, 2003, the USDA-FS concurred with the approval of PR-08, provided that a commitment was added concerning visual subsidence monitoring in the Sheep Corral drainage. In a final submittal dated September 24, 2003, BRL added the commitment to the permit text. In Technical Revision No. 27, BRL proposed to construct a coal preparation wash plant with associated structures. The submittal was received June 19, 2003 and approved with Stipulation No. 15 attached on August 22, 2003. Stipulation No. 15 was complied with upon the submittal of the necessary air emissions permits. A second coal waste disposal site was proposed in Technical Revision No. 30, received on November 13, 2003. The capacity of the disposal site was to be about 2 million cubic yards of material and included pond F in the sediment control system. The revision was approved with conditions on March 23, 2004. Stipulation 17 was attached to the approval and was complied with upon the submittal of the updated NPDES permit, air emissions permits, successful resolution of the Section 7 consultation with the USDA- FS and an agreement document with the Deer Trail Ditch Company. Technical Revision No. 31 was submitted on November 24, 2003 in order to slightly modify the mine plans for the D seam and the B seam. Also included in the revision were two incidental boundary changes, an increase of 49.3 acres for the mine plan changes and a decrease of 0.7 acres near the loadout. Modification No. 1 of Federal Coal Lease COC 61209 was necessary to accommodate the mine plan changes. The technical revision was approved with Stipulation No. 18 attached on May 11, 2004. Longwall mining in two panels in the west district was contingent on the submittal of a rockfall report and the construction of a rockfall protective berm above the facilities area. With the submittal of the report and the construction of the berm through Technical Revision No. 35, stipulation 18 was complied with. In a submittal dated December 30, 2003, BRL requested a Succession of Operator, SO-02, to transfer the Bowie No. 2 Mine permit from Bowie Resources Limited to Bowie Resources LLC. The proposed decision to approve with conditions SO-02 was made on September 28, 2004. Stipulations Nos. 21 and 22 were attached to the proposed decision and have been subsequently satisfied. 10