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t <br />A MOUNTAIN: Y COAL <br />^ OMPA ��. <br />C N C. West Elk Mule <br />A Subsidiary of Arch Westem Resources, LLC P O Box 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />(970) 929 -2246 <br />Fax(970)929 -5595 <br />May 10, 2005 <br />Jim Burnell RECEIVED <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology MAY 1 2005 <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 Divisio,wi h nerals a Geobgy <br />RE: NOI CX- 2005- 212 -06 <br />Dear Jim, <br />Mountain Coal Company, L.L.C. (MCC) is providing the following additional information and <br />maps in reply to the Divisions questions and comments from your letter of April 28. <br />A. We will have to wait on the BLM and USFS to complete the documentation as referenced. <br />B. The right -of -entry for the private coal lease /private surface is found in MCC's Permit <br />Application Package C -80 -007, Exhibit 4, Volume 4, Surface and Underground Ownership. <br />This is also attached to this letter. <br />C. Two maps are included with this letter depicting surface ownership boundaries. <br />D. MCC will adhere to Rule 4.21.4(3)(b) when constructing or upgrading access roads to conform <br />to the Divisions standards for light -use roads. <br />E. The attached tabulated water rights should document no infringement on water usage for the <br />proposed drilling program. In reference to the tabulated sheets are 57.17acre feet of Beaver <br />Reservoir water (1.C.vi.), and 0.156 cfs of Deep Creek Ditch water (1.D.i.). <br />Please contact me if you have any questions. <br />Sincerely, <br />Wendell A. Koontz <br />Sr. Mine Geologist <br />Ark Land Company <br />West Elk Mine <br />