2009-04-09_APPLICATION CORRESPONDENCE - C2008086 (2)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 9, 2009 Edward B. Zukowski Attorney for WildEarth Guardians and Colorado Environmental Coalition 1400 Glenarm Place, Suite 300 Denver, CO 80208-5050 RE: CAM-Colorado Permit Application, Permit No. C-2008-086 Dear Mr. Zukowski: COLORADO D I V I S ION O F RECLAMATION MINING - SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee We have received your correspondence dated April 7, 2009 regarding the CAM-Colorado (CAM) Coal Permit Application for the proposed Redcliff Mine. The application was initially submitted to the Division of Reclamation, Mining and Safety (Division) on April 25, 2008 and deemed incomplete on May 5, 2008. Issue number 10 of the incompleteness letter identified the lack of plans for methane degasification. CAM responded on May 22, 2008 saying, that it is unlikely methane degas wells will be required during the life of operation as defined on amended page 2.05-2. It is important to note that the proposed mining in the Coal Permit Application encompasses only those lands where CAM has an existing lease to mine and is only for a 5-year permit term. The permit application does not encompass the larger area considered in the Draft Environmental Impact Statement. The application was resubmitted on June 23, 2008 and the Division deemed it complete on July 3, 2008. The Division determined that all preliminary items required by the Colorado Coal Mine Reclamation Act had been addressed. A preliminary adequacy review, identifying deficiencies with the application, was sent to CAM-Colorado LLC on August 29, 2008. CAM has not responded to our adequacy letter at this point and they have requested to extend the decision deadline to July 31, 2009. The Division did extend the deadline. We will forward a copy of your letter to CAM-Colorado and ask them to address the need for methane drainage wells in the permit application and if necessary to provide a description of the proposed disturbances associated with them in the permit application. Please contact me if you have additional questions at 303-866-3567 x 8110. Sincerely, i . Sandra L. Brown Sr. Environmental Protection Specialist cc. Mike King, Deputy Director, Colorado Department of Natural Resources Ron Cattany David Berry Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines