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DESERADO MINE <br />BLUE MOUNTAIN ENERGY <br />3607 County Rd. 65 <br />Rangely, CO 81648 <br />(970)675-4300 <br />fax (970)675-4399 <br />December 5, 2008 <br />Mr. Jason Musick <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />DEC 0 8 2008 <br />Division of Reclamation, <br />Mining and Safety <br />RE: Minor Revision #139 - Addition of breathable air hole at RDH-3. <br />Modified vertical shaft sealing design consistent with 30 CFR § 75.1711-1. <br />Deserado Mine - Permit No. C-1981-018 <br />Dear Jason: <br />Enclosed is a minor revision (MR-139) to address two changes to our permit. <br />These changes include the addition of a 10-inch drill hole for breathable air adjacent to rock dust <br />hole RDH-3. Activities associated with these changes account for up to 0.18 acres of additional <br />disturbance and 75 cubic yards of additional cut-and-fill. Map 155 and pages III-35, V-18, V-24, <br />and Figure V-2 were modified to address these changes. <br />The additional breathable air hole is being required by MSHA in response to resent changes in <br />the federal regulations. <br />Modifications to the vertical shaft sealing plan are proposed following a review of the <br />regulations. We previously misinterpreted the regulation to require both backfilling and surface <br />plugging. The regulations actually only require one or the other. We proposed using the <br />backfilling option since it would provide a better permanent seal for larger diameter shafts. <br />30 CFR § 75.1711-1 Sealing of shaft openings. <br />Shaft openings required to be sealed under §75.1711 shall be effectively capped or filled. Filling shall be <br />for the entire depth of the shaft and, for the first 50 feet from the bottom of the coalbedl the fill shall <br />consist of incombustible material. Caps consisting of a 6-inch thick concrete cap or other equivalent <br />means may be used for sealing. Caps shall be equipped with a vent pipe at least 2 inches in diameter <br />extending for a distance of at least 15 feet above the surface of the shaft. <br />Hopefully changes in the shaft sealing protocol will result in a net reduction in bond <br />requirements. Another point where excess bond may be calculated is for RS-4. This 2-foot shaft <br />was drilled from the surface and all the cuttings remain at the pad location for backfilling. Thus, <br />no hauling in of fill material will be necessary. We assume that the calculations include this <br />haulage. The calculations for revisions have not been provided to us for some time.