2010-04-30_REVISION - C1980007

• Permit No: C1980007
• IBM Index Class Name: REVISION
• Doc Date: 4/30/2010
• Doc Name: Incompleteness Letter
• From: DRMS
• To: Mountain Coal Company
• Type & Sequence: TR121
• Email Name: TAK
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 C O L O RA D O

Phone: [phone] D I VI S I ON O F
RECLAMATION
FAX: [phone] MINING

April 30, 2010 SAFETY

Kathleen G
Welt Bill Ritter, Jr.
. Governor
Mountain Coal Company, LLC James B. Martin
P.O. Box 591 Executive Director
Somerset, CO 81434 Loretta E. Pineda
Director
Re: West Elk Mine (Permit No. C-1980-007)
Technical Revision No. 121 (TR-121)
Methane Drainage Wells E3-71,75, 76, 78, and E4-76; 81, 82, 83
Dear Ms. Welt:
We have received your application for a Technical Revision to your permit to conduct coal mining in
Colorado. Our initial review indicates that all preliminary items required by Rule 2.08.4(5) have not been
submitted. Thus, your application is incomplete for the purposes of filing as of April 30, 2010.
In accordance with Rule 2.07.3(1), you have the opportunity to amend, review, or otherwise make your
application complete. In order to make the submittal complete, please submit the following items.
1) Cultural and historic resource information for inserting in the permit application that is prepared
specifically for TR-121 that complies with Rule 2.04.4, and is in a form that is ready for DRMS to
forward to the state historic preservation officer. DRMS needs concurrence from the state historic
preservation officer prior to making the required finding regarding adverse affects to historic
resources. The cultural and historic resource clearances provided in 1996 NOI, TR-96, and PR-14,
and that are cited in the TR-121 submittal as having provided clearances for TR-121, did not include
the new surface disturbance from mining activities that is proposed in TR-121. For example, the
PR-14 clearance applied to only subsidence impacts, not surface disturbances (road and well pad
construction), at the location of proposed MDW E3-71. The PR-14 clearance did not apply to
either subsidence or surface disturbance at the locations of proposed MDWs E3-75, 76, and 78
because PR-14 did not propose that panel E-3 extend that far east.
2) Fish and wildlife information for inserting in the permit application, prepared specifically for TR-
121 that indicates compliance with 2.04.10, 2.04.11, 2.05.6(2) and 4.18, and is in a form that is
ready for DRMS to forward to the state and federal fish and wildlife agencies. DRMS is required
to consult with those agencies prior to making a finding regarding adverse impacts to endangered
or threatened species and their habitats. The fish and wildlife clearances cited for TR-121 in the
submittal have the same deficiency as the cultural and historic resource information.
3) A map for inserting in the permit application that is in a form that is ready for DRMS to forward to
other agencies and that would enable a reviewer in those agencies to readily identify the location of
the proposed work. Please include on the map the township, range and section numbers, and
certification by a professional engineer or a professional geologist.
Office of
Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines