North American Gem Inc V.NAG

Why I Am Concerned .........

[estatic]

Please don't kill the messenger; I think it is only fair that people should share information,... to make an informed decision. I am not trying to scare anyone.

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR NATURAL RESOURCES

Steven L. Beshear Leonard K. Peters

Governor Secretary

Carl E. Campbell

Commissioner

Division of Mine Permits

2 Hudson Hollow

Frankfort, Kentucky 40601

Phone [phone]

Fax [phone]

www.minepermits.ky.gov

February 19, 2010

BEIBEI ALLEN

ALB ENGINEERING & TECHNOLOGY, PLLC

PO BOX 166

HEBRON KY 41048

RE: Application No. 861-0502

Original

American Blue Gem And Steam Coal

LLC

Dear Ms. Allen:

The Division of Mine Permits has conducted a completeness review of the above referenced application. As a result of this review your application was found incomplete and therefore unacceptable in the following respects:

1. MRP Map

a) Please provide a legend for the property owners and mineral owners.

Currently, it appears that there are surface owners shown on the map that need to be listed.

b) The power lines and no mining zones need to be shown. Currently a branch of the Kentucky Utilities Company transmission line on the east end of permit where point removal is proposed is not shown.

c) The current route for Haul Road A connecting to a path then to Swan Pond Road is not a county road. Please either extend the permit boundary to Swan Pond Road or revise the Haul Road A to connect at Miles Cemetery Road.

2. Item 9.1:

a) Please ensure that all property owners have been listed.

b) Harold Foley is listed on the MRP but the chart lists Harold Foley King.

Please address.

3. Item 11.5:

a) Please provide comments for post mining land use for all affected surface property owners.

b) Please provide land owner comments for permanent road request.

Currently, only two property owners have been submitted.

4. Item 16.1: Please provide the groundwater user inventory for all areas that have been, are currently being used or have the potential to be used as a ground water source.

5. Item 33.1: please provide cross section for Haul Road A showing areas where the gas line is to be crossed.

This review has resulted in the application being administratively withdrawn effective the date of this letter. (All corrections identified above should be made and the application resubmitted to this office within 30 days of the date of this letter. The applicant is also responsible for ensuring that the Regional Office copy and Frankfort office copy of the application are also corrected.)

Please be advised that mining operations seeking new or modified coverage under the Coal KPDES General Permit must submit a Notice of Intent (NOI-CM) to the Division of Water. Please file the NOI-CM with the Division of Water as soon as possible in order to avoid potential delays in the processing and issuance of your SMCRA/DNR permit.

Please disregard if you have filed the NOI.

NOTE: If this application is in an electronic media format, the CD/disk will be retained by this office and a new CD/disk must be resubmitted with the red original binder.

BEIBEI ALLEN Page 3 CORRESPONDENCE \ ACR LTR.

Should you have any questions regarding this matter, you may contact me at [phone].

Sincerely,

*********** Supervisor

Division of Mine Permits

CGS/LAA/dtd

Electronic

c: File No. 861-0502 (e)

Middlesboro Regional Office (e)

Lori Adams (e)

MIKE AMICK

AMERICAN BLUE GEM AND STEAM COAL LLC

220 PAYNES LANDING BLVD

GEORGETOWN KY 40324

[oceaneleven]

Letter dated FEBRUARY 19, 2010......Weeks have gone by.....Might as well stay a little longer......While they dot their i's and cross their t's........................

[xuorel]

Thanks estatic for your informative post. From what I read, it seems that the hired engineering firm of BeiBei Allen is totally incompetent in this matter and should be replaced forthwith with someone who is familiar with Kentucky regulations and with the ability to produce a proper application acceptable to the authorities. That is my take on this matter. I will continue to hold but have

[lalala1]

I think that's why they hired Mr. William J. Grable... based on my conversations with IR they have indicated how disappointed they have been with some ppl and the length of time it's taking to get things done, so they brought him in to speed up the process so that there are no more stupid delays.  IMO 

[oceaneleven]

Yah, I don't believe this is our pending problem......Anyone with further insight on this???

[TFSFirefighter]

American Blue Gem and Coal LLC is the entity submitting the permit application on behalf of NAG.  They have an entity id # 014477 under kentucky mining.

[oceaneleven]

Thanks for clarification..............A few more days then at least....................