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QtAT p United States Department of the Interior oo�oFSuaFAOF�,��o <br /> f/J 9 a r.L1 r <br /> � OFFICE OF SURFACE MINING m W <br /> Reclamation and Enforcement <br /> s°j . Western Region Office vr�o Foy <br /> P.O.BOX 25065 AND EN <br /> Lakewood, Colorado 80225 <br /> January 23, 2024 <br /> Jason Musick <br /> Coal Program Supervisor <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 <br /> Re: Partial Phase II Bond Release SL-16; Mountain Coal Company, LLC; West Elk Mine; C-1980-007 <br /> Dear Mr. Musick: <br /> This letter acknowledges the Office of Surface Mining Reclamation and Enforcement's (OSMRE) <br /> receipt and review of the Colorado Division of Reclamation, Mining and Safety's (DRMS) January 10, <br /> 2024 Proposed Decision and Findings of Compliance for the West Elk Mine SL-16 partial Phase II bond <br /> release application. OSMRE agrees with the proposed decision and hereby provides concurrence in <br /> accordance with 30 CFR 740.15(d)(3) and 30 CFR 906.30, Article IX, Section 24 of the State-Federal <br /> Cooperative Agreement. <br /> By letter dated March 17, 2023 DRMS invited OSMRE to attend the SL-16 field inspection at the West <br /> Elk Mine. OSMRE participated in the inspection which was held June 27 - 29, 2023. Portions of the <br /> surface and mineral ownership associated with SL-16 are federal. Accordingly, by letters dated January <br /> 16, 2024 and January 22, 2024 the Bureau of Land Management—Uncompahgre Field Office and US <br /> Forest Service—Paonia Ranger District, respectively, provided their concurrence with DRMS's <br /> proposed decision. OSMRE interprets this to mean Mountain Coal Company, LLC (MCC)is in <br /> compliance with all stipulations related to its federal leases. <br /> DRMS's proposed decision notes MCC's compliance with the Colorado regulatory program at Rule <br /> 3.03.1(2)(b) and recommends approving partial Phase II bond release on 14.36 acres at the West Elk <br /> Mine. DRMS currently holds a performance bond in the amount of$15,000,000.00 which covers the <br /> entire permit area including the acreage proposed for release. Under SL-16 DRMS proposes to release a <br /> total of$23,120.36 from reclamation liability. OSMRE concurs with DRMS's proposed decision. <br /> Sincerely, <br /> HOWARD Digitally signed by <br /> HOWARD STRAND <br /> ate:204 <br /> STRAND D013:40-0700'3 <br /> Howard E. Strand, Manager <br /> Denver Field Branch <br /> cc: Mountain Coal Company, LLC <br />