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Midterm Review — West Elk Mine <br />This document presents the results of the Midterm Review of the Mountain Coal <br />Company, LLC's (MCC) West Elk Mine (West Elk), conducted by the Colorado <br />Division of Reclamation, Mining and Safety (the Division). This Midterm Review was <br />conducted to fulfill the requirements of the Colorado Surface Coal Mining Reclamation <br />Act, and Rules 2.08.3, 2.06.2(9), 2.06.3(4), 2.06.5(3), 2.06.7(5) and 3.02.2(4) of the <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. <br />Rule 2.08.3 requires the Division to conduct a review of each permit issued, prior to its <br />midterm (2 '/z years). Based on this review, for good cause shown, the Division may <br />require reasonable revisions to, or modifications of, the permits provisions to ensure <br />compliance with the Act and Regulations. <br />Rules 2.06.2, 2.06.3, 2.06.5 and 2.06.7 require that during the midterm review, where <br />applicable, experimental practices, mountaintop removal variances, variances from <br />approximate original contour (AOC), and variances from contemporaneous reclamation, <br />respectively, be reviewed by the Division. The West Elk Mine does not conduct any <br />experimental practices (Rule 2.06.2), mountain top removal operations (Rule 2.06.3), <br />have any variances from approximate original contour (AOC ; Rule 2.06.5) or have a <br />variance for contemporaneous reclamation for combined surface and underground mining <br />(Rule 2.06.7). <br />Rule 3.02.2(4) requires the Division to review the amount of performance bond liability <br />and the terms of acceptance of the bond every 2 '/z years. <br />The proposed decision date for Permit Renewal No. 06 was 17 October 2011. The permit <br />for the West Elk Mine was issued on 28 November 2011. The Proposed Decision and <br />Findings of Compliance were updated at the time of the proposed decision for Permit <br />Renewal No. 06. <br />Section I — History of Site <br />Site location <br />The West Elk Mine is located approximately one mile east of the town of Somerset on <br />Colorado State Highway No. 133. The western permit boundary extends to the outer <br />slopes of Jumbo Mountain. Permit Revision 11 extended the eastern permit boundary <br />into the Raven Gulch and Deep Creek watersheds. The northern extremity of the permit <br />area lies just north of the North Fork of the Gunnison. Permit Revision 10 extended the <br />southern boundary of the permit area south of Minnesota Reservoir into the drainage <br />basins of Minnesota Creek, Dry Fork, Lick Creek, Poison Gulch, and Deep Creek. <br />Permit Revision 12 extended the permit area to the southeast with the addition of the Dry <br />Fork lease. The active Elk Creek Mine is located just northwest of the West Elk Mine <br />facilities, north of the North Fork of the Gunnison River. The inactive Bear I, 11, and III <br />Colowyo Mine <br />Permit No. C- 1981 -019 <br />2 <br />2010 Midterm Review <br />10 May 2010 <br />