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MOUNTAIN COAL <br />~COMPANYL.L.C. <br />A Subsidiary of Arch Western Resources, LLC <br />West Elk Mine <br />P O Bax 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />(970)929-5015 <br />Fax (970)929-5595 <br />June 20, 2006 <br />Mr. Daniel Hernandez <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />R~~!~!~!F_D <br />JUN 2 2 2006 <br />piyiegn of Minerals entl GoWOOY <br />Re: Mountain Coal Company L.L.C. (MCC), West Elk Mine, Deer Creek Shaft Notice of Intent <br />to Explore. <br />Dear Mr. Hernandez: <br />Attached is the information containing the Notice of Intent to Explore (less than 250 tons of coal) for <br />the Deer Creek Shaft Project. You may recall that MCC previously submitted Technical Revision No. <br />104 (TR-104), for this project. However, the USFS needs to review the shaft sinking as an <br />Environmental Assessment (EA) and wanted MCC to move forwazd with the project, so they suggested <br />downsizing the project proposed for this yeaz (2006), to better fit with their timeframes due to a more <br />lengthy EA process for shaft construction. What MCC is proposing for this yeaz (2006) is more of an <br />exploration plan and that plan has been accepted by the USFS and their Notice of Decision is attached. <br />MCC proposes this NOI for the construction of a short road and pad, drilling of from two to four <br />geotechnical boreholes, and one exploration hole neaz where the shaft would be constructed. The <br />attached plan more accurately describes the project. The total disturbed azea proposed with this NOI is <br />1.7 acres. <br />Also attached aze the cultural resources survey (2005) and the Threatened, Endangered and Sensitive <br />Species Surveys (TESS) conducted in 2005 and 2006. This information is somewhat repetitive as it <br />was submitted previously with TR-104, with the exception to the TESS of 2006. The previously <br />submitted biological assessment, biological evaluation is also included. <br />Because the USFS cannot approve Technical Revision No. 104 at this time, MCC is requesting the <br />withdrawl of TR-104. As you are aware, the administrative requests for extension of decision(s) would <br />unnecessarily burden both the Division and MCC, hence this request. <br />Should you az you staff have questions regazding this NOI and request to withdraw TR-104, please <br />contact me at (970) 929-2238. <br />