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West Elk Mine, Permit C-80-007 2 3. MCC has had the entire mine site drainage system recalculated and field verified. Revised Map 54 and Tables 43, 44 and 45, including the current "as-built" of the entire system of ponds, culverts and ditches, are included in the calculations and are attached as Exhibit 66 in new Volume 8A. 4. See Exhibit 66 in Volume 8A. 5. Across-section and plan view "as-built" of the coal stack tubes and reclaim system are attached. 6. MCC has calculated that 25,700 cubic yards of gob were utilized as fill in the interior of the stack tube coal storage azea fill. 7. The drainage configuration of the entire mine site, including the coal storage pad, is shown on Map 53. 8. As in No. Sabove, across-section and plan view "as- built" of the coal stack tubes and reclaim system are attached. 9. MCC does not agree that the area below Sediment Pond bfB-5 should be designated as a SAE. The azea below MB-5 contains the clean water ditch, the emergency spillway, and the pond and spillway embankments, and should be exempt from containment requirements as are the embankments and spillways of the other lower ponds and the upper clean water diversion. A copy of Mountain Coal Company's current Officers and Directors list is attached and replaces that page in Exhibit 1, Volume 2. Corrected page 2.03-2 is also attached. MCC questions the status of a few of the Permit stipulations as listed in your Stipulation Tracking File dated December 10, 1992. Stipulation No. 1 requires an adjudicated Augmentation Plan be submitted to the OMLR. Such a plan was submitted and the stipulation deemed complied with at that time. MCC has obtained a legal opinion regarding the validity of the augmentation plan since it refers to F-Seam mining only. The adjudicated plan is still valid, as it continues to provide the protections set forth in the plan for any subsidence, not just from a single seam. A minor modification will later be filed in water court to add B and E-Seam mining. This does not affect the adjudication and should therefore not affect the status of complied with. Stipulation No. 2 should be terminated as the mine consumption data is part of the mine water balance included in each Annual Hydrology Report. Stipulation No. 6 should also be terminated because the stipulation is no longer valid. MCC has already undermined and subsided the area of the Upper Refuse Disposal Area. This is verified in the March 5, 1990, Stipulation Tracking File by Ivlr. Matthew Hayes.