2010-06-18_REVISION - C1980007 (2)

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MOUNTAIN COAL COMPANYL.t_.C. A Subsidiary of Arch Westem Bituminous Group, LLC June 11, 2010 ®?C *0 vC sod Mr. Tom Kaldenbach Colorado Division of Reclamation Mining and Safety Office of Mined Land Reclamation 1313 Sherman Street, Room 215 Denver, Colorado 80203 West Elk Mine P.O. Box 591 5174 Highway 133 Somerset, CO 81434 (970) 929-2200 Fax(970)929-5050 Re: Mountain Coal Company, LLC, West Elk Mine; Permit No. C-1980-007; Technical Revision No. 121, Temporary Access to E3 and E4 MDWs, PAR Responses Dear Mr. Kaldenbach: Mountain Coal Company, LLC (MCC) submits the following responses to the CDRMS preliminary adequacy review comments. The CDRMS comment is provided, followed by MCC's italicized response. 1) DRMS has forwarded to the State Historic Preservation Officer (SHPO) the cultural and historic resources information submitted in the TR-121 application. DRMS is waiting for verification from the SHPO that the proposed work will not adversely affect a place that is listed on or is eligible for listing on the National Register of Historic Places. This verification from the SHPO is required by Rule 2.07.6(2)(e)(i). The Division's incompleteness letter of April 30, 2010 explains why SHPO clearances for past revisions may not apply to a portion of the work proposed in TRA 21. MCC understands that the SHPO clearance has been requested and would appreciate receiving a copy of the response received from them in regard to this application. In regard to the use of cultural resource clearances from past revisions, MCC confirmed with the local Forest Service (FS) office that numerous past revisions' clearances do in fact cover the areas of the proposed re-disturbance and new road construction areas. These clearance surveys are typically done in a. block or landscape zone fashion rather than specific road corridors or pad locations to ensure more complete and efficient surveys. Also refer to the May 12th memo from Daniel Gray of the .GMUG National Forest submitted with MCC's incompleteness responses dated May 13tH 2) DRMS has forwarded to the Office of Surface Mining (OSM) the fish and wildlife information submitted in the TR-121 application. DRMS is waiting for a response from the OSM before making the finding required by Rule 2.07.6(2)(2)(n) regarding adverse impacts to endangered or threatened species and their habitats, and before determining the fish and wildlife plan is adequate as required by Rule 2.07.6(1). The Division's incompleteness letter of April 30, 2010 explains why fish and wildlife clearances for past revisions may not apply to a portion of the work proposed in TR-121. As in response #1above, MCC understands that the fish and wildlife information has been forwarded to the OSM for USFWS review and concurrence on T&E species clearances. In regard to the use of past T&E reviews, MCC confirmed with the local FS