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x <br />Mike Boulay -3- October 16, 2012 <br />MCM: Please see new page 2.03 -1. <br />2. MCM provided a two page update in Appendix A for the legal owner of record <br />and the purchaser of record, but no other information was provided. Please <br />update the ownership and control section of the permit application <br />package (PAP) since it has not been updated since 2007. An AVS <br />evaluation shows one violation which is linked to Rhino Energy, LLC. The <br />violation is a Kentucky state cessation order for Deane Mining, LLC. <br />MCM: Please see revised Appendix A. <br />Rule 2.03.6 Right of Entry and Operation Information <br />3. MCM indicates in the cover letter to PR -2 that documentation of right -of -entry for <br />the lease modification area will be provided at a later date and that documents in <br />Appendix C demonstrate right of entry. On December 2, 2010 we received a <br />letter from the Bureau of Land Management (BLM) stating that Rhino Energy <br />LLC submitted a complete proposed action to expand coal mining operations at <br />the McClane Canyon Mine on four previously issued Federal Coal Leases, COC- <br />66514, C- 0125439, C- 01225515, and C- 0125516. BLM also states that they <br />have not given an approval for the proposed mine expansion and are currently <br />working on an Environmental Assessment analyzing the impacts that would <br />result from the project. BLM is now preparing the EA and could issue a Decision <br />Record sometime in July, 2011 (see enclosed letter from BLM provided in <br />Attachment 1.) The Division cannot issue a proposed decision on PR -2 until <br />the pending lease modification and right -of -way are secured from the BLM <br />and the PAP has been updated accordingly. <br />MCM: Comment noted, it is anticipated that the EA for the lease modification will be <br />complete by the end of November 2012 and will be provided to DRMS upon <br />MCM's receipt. In addition, a surface facilities expansion is no longer proposed <br />so an additional right of way is not required. <br />Rule 2.04.4 Cultural and Historic Resource Information <br />4. Consultation under Section 106 of the National Historic Preservation Act for this <br />project has not been completed by the Federal agencies that are involved. <br />Please refer to the enclosed comment letter from the Colorado Historic <br />Society /State Historic Preservation Officer dated December 10, 2010 provided in <br />Attachment 2. The letter is from the State Historic Preservation Officer to Ms. <br />Aline Laforge, Archeologist with BLM and requests clarification on several items. <br />This letter is provided for your information and MCM may be able to assist <br />in clarification of the items identified by SHPO. <br />