2010-11-16_GENERAL DOCUMENTS - C1996083

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adequacy issues were resolved satisfactorily. The proposed decision was made on December 19, 2008 and was published in the Delta County Independent. It became final on January 24, 2009. BRL submitted Succession of Operator No. 3 (SO-3) in an application dated June 23, 2009. Cedars Energy LLC had purchased 98.99% of BRL. The name of the company and operator remained BRL. SO- 3 was approved on August 10, 2009. However, SO-3 could not be issued since the Applicant Violator System issued a deny for unpaid AML fees. With the fees paid by BRL, SO-3 was finally issued on October 26, 2009. Technical Revision No. 65, dated December 1, 2009, was submitted by BRL to develop mains under Terror Creek. The development mining was proposed to go right up to the permit boundary and would provide access to the western district proposed in PR-12. The development mining would also pass under the Western Area Power Administration's (WAPA) Rifle-Curecanti transmission line. BRL provided a demonstration that the mining would not affect the transmission line. The USDA-Forest Service and WAPA provided comments approving the project. TR-65 was approved on April 16, 2010. In a submittal dated July 6, 2010 for Technical Revision No. 67, BRL proposed to construct a ventilation shaft on the east side of the Terror Creek drainage for the western district mining proposed in PR-12. The Division received a comment letter from the Terror Ditch and Reservoir Company in which the company had no objections to the project but wanted to be informed if a fan was ever to be installed at the site. TR- 67 was approved on September 20, 2010 but can not be implemented until sufficient bond is secured. Because BRL anticipated running out of mining before PR-12 would be approved, the operator submitted Technical Revision No. 68, dated August 11, 2010, for an 80 acre incidental boundary change and associated development mining. The Bureau of Reclamation reviewed TR-68 and all issues were resolved. TR-68 was approved on September 20, 2010. However, because BRL was going to run out of places to mine before TR-68 was approved, BRL submitted Minor Revision No. 120, dated September 1, 2010. MR-120 proposed development mining in an area that was originally part of the TR-68 submittal. MR-120 was approved on September 8, 2010. BRL submitted Permit Revision No. 12 in order to terminate the mine plan to the north because of difficult mining conditions and to open up a new mining district to the west. PR-12 involves transferring Bowie No. 1 permit acreage, and the associated monitoring requirements, to Bowie No. 2, adding new acreage to the Bowie No. 2 Mine permit area and establishing a longwall mine plan in the new area. The transfer also includes the reclamation liability for three exploration holes. BRL applied for PR-12 in a submittal dated February 23, 2010 and received at the Division the next day. A revised public notice was received at the Division on February 26, 2010. PR-12 was called complete on March 1, 2010 and the completeness letters to governmental agencies, as well as affected groups and landowners were sent out on the same day. The public notice of completeness was published in the Delta County Independent on March 3, 10, 17 and 24, 2010. In a letter dated March 12, 2010, the Office of Surface Mining (OSM) had informed the Division that the actions proposed in PR-12 constituted a mine plan action requiring Secretarial approval. However, in a follow up letter dated March 15, 2010, OSM reversed its original decision and determined that PR-12 did not constitute a mine plan action requiring Secretarial approval. The Division received a comment letter dated March 22, 2010 from the Colorado Historical Society (CHS). The CHS requested additional information regarding subsidence effects on nearby historic properties. In response to the CHS's request, BRL contracted the Grand River Institute to conduct a field 13