NORTH FORK COAL MINE METHANE WORKING GROUP
MEMORANDUM OF UNDERSTANDING
February 2018

I.

PARTICIPANTS
The parties to the Memorandum of Understanding (MOU) consist of three different
categories depending upon the level of commitment to the North Fork Coal Mine
Methane Working Group (NFCMMWG) as specified below:
A. Charter Members
Those parties and/or individuals who have shown commitment to the goals and
objectives of the NFCMMWG by their regular attendance, geographic relevance
to the issue, constructive participation at meets of the NFCMMWG, and their
signature to this MOU.
Parties include: Delta County, Gunnison County, Bowies Resources, Ltd.,
Mountain Coal Company, LLC, Oxbow Mining, LLC, Western Slope Conservation
Center, Conservation Colorado, Delta-Montrose Electric Association, Gunnison
County Electric Association, Tri-State Cooperative, State of Colorado Department
of Local Affairs, Colorado Energy Office, Department of Natural Resources and
Department of Public Health and Environment.
B. Invited Parties
The NFCMMWG has specifically invited the State of Colorado Governor’s office,
US Forest Service, the Bureau of Land Management and representatives from
Senators Bennet and Gardner and Representative Tipton’s offices. Invited
parties are not voting members.
C. Additional Invitees
In addition to the above membership the NFCMMWG may include technical and
scientific individuals/organizations to take part in the meetings, as necessary, to
accomplish the goals and objectives of the NFCMMWG. Additional invitees are
not voting members.
D. Successor Members
A replacement for an original signatory member and additional members shall be
bound to all of the terms and conditions of this MOU and as the MOU may be
amended from time to time.

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 E. Attendance
A member’s attendance of NFCMMWG meetings is important to meet the
objectives of the NFCMMWG. Three (3) unexcused absences (as determined by
the remaining members) of a member or his/her representative in a calendar
year shall be deemed the resignation of that member from the MWG.
II.

PURPOSE
A. General
The purpose of the MOU is to formalize the understanding of all parties specific
to NFCMMWG and to work diligently towards the stated objectives of the
NFCMMWG. Signing this MOU indicates that the participant understands the
purpose of the NFCMMWG and agrees to the protocol/terms and conditions of
participation in the NFCMMWG as outlined in this MOU. Those who choose not
to sign the MOU are not members of the NFCMMWG, but are welcome to
observe, listen, and participate in any and all discussion subject to any
restrictions established by the NFCMMWG.
B. Mission Statement
The stated mission of the NFCMMWG is the support of the coal mines and
surrounding communities in the North Fork Valley through the development of a
comprehensive strategy for education, capture, exploration of mitigation, and
economic utilization of coal mine methane.
C. Goals and Objectives
1. Educate the NFCMMWG on all aspects of coal mine methane.
2. Analyze and research the economic feasibility of coal mine methane capture
and utilization.
3. Analysis and identification of the potential coal mine methane capture
utilization technologies, infrastructure potential and project funding
opportunities.
4. Analyze and research coal mine methane emission and reduction
opportunities.
5. Analyze and identify legal and regulatory barriers to coal mine methane
capture and utilization and identify strategies to address hurdles.
6. Analysis and support for the development of markets for the use of coal mine
methane.
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 7. Develop a coal mine methane capture, mitigation and utilization
implementation strategy.

III.

IMPLEMENTATION
A. Protocol
1. All members and invitees must identify their interest and/or group that they
represent.
2. Keys to the successful function of the NFCMMWG are courteous and
respectful speaking and listening.
3. All participants shall be given equal opportunity to speak, present or
otherwise participate.
4. A qualified facilitator shall facilitate the majority of the meetings.
5. An agenda will be prepared and followed for each meeting.
6. Minutes of each meeting will be recorded and distributed to all members.
7. Members of the NFCMMWG shall be open and forthright about their plans
and/or intentions regarding any matters within the scope of the NFCMMWG,
but this provision shall not require disclosure of confidential or proprietary
information.
B. Decision Making
1. Recommendations/proposals of the NFCMMWG shall be by consensus.
2. Recommendations/proposals of the NFCMMWG affecting specific NFCMMWG
members and/or parties shall be implemented through the development and
execution of Memoranda of Agreement (MOA), or a similar instrument, of
and between the affected NFCMMWG member(s) and/or other appropriate
parties.

IV.

AMENDMENTS
This MOU may be modified or amended at any time by the agreement of all of the
NFCMMWG members

V.

CONTINGENCY
The parties to this MOU agree to work diligently and in a timely manner to meet the
goals and objectives of the Participants and to perform in accordance with the
terms, conditions or intent of this MOU, but the parties to this MOU agree to make
no claims against the non-performing party(ies) for breach or violation of the terms
of this MOU.

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