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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />December 22, 2003 <br />Hemy Barbe <br />Mountain Coal Compaay, LLC <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: West Elk Mine (Permit No. C-1980-007) <br />Technical Revision No. 97 (TR-97) <br />Lone Pine Gulch Plan and Map Changes <br />Dear Mr. Barbe: <br />OLORADO <br />(VISION OF <br />IN SRALS <br />EOLOGY <br />SAfETY•SCIENCE <br />Bill Owens <br />Governor <br />Greg E. Watcher <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />We have received your application for a technical revision to your permit to conduct coal mining in Colorado. Our <br />initial review indicates that all preliminary items required by Rule 2.08.5(4) have not been submitted. Thus, your <br />application is incomplete for the purposes of filing as of December 22, 2003. <br />The reason for this is that both the "title" of the revision and the public notice include statements to the effect <br />that one of the purposes of the revision is to withdraw applications for MR-301 and TR-81. MR-301 will be <br />considered withdrawn in response to a letter requesting the same; TR-81 cannot be withdrawn since it has <br />already been approved. <br />Please resubmit this revision with those items removed from both the title and the proposed public notice and <br />the Division will call it complete. <br />If you have any questions, please contact me. <br />Sincerely, <br />im R. Burnell <br />Environmental Protection Specialist <br />JRB/Ahd <br />C-TR-010~®~O~RB 20031222_120932 PM Office of Colorado <br />Mined Lan ec a Ion Active and Inactive Mines Geological Survey <br />