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MOUNTAIN COAL <br />,~~ ~ <br />A Subsidiary of Arch Wesiem Resources. LLC <br />November 24, 1998 <br />Mr. Jim Burnell <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: 1'Iinor Revisiou No. 252 (Sylvester Gulch As-built); West Elk Miine;- <br />Permit No. C-80-007 <br />Dear Jim: <br />-iiii-iiiiii <br />West Elk Mine <br />P O Box 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />(970)929-5015 <br />Fax (970)929-5595 <br />RECEIVED <br />NOV 2 7 <br />DIV&O EO OGY LS <br />As requested by the Division in a letter dated November 9, 1998, MCC hereby withdraws the application <br />for Minor Revision No. 252. MCC will resubmit the application, under separate cover, as a technical <br />revision. <br />As we discussed on the telephone, MCC disagrees that this revision includes design changes for <br />regulated structures or facilities, thereby requiring a technical revision. Rather, MCC believes a minor <br />revision is more appropriate given that the information presented in the application represents minor <br />alterations in the location of roads or other facilities within the permit area, and in the reclamation plans. <br />As discussed in the cover letter accompanying the minor revision application, MCC constructed the <br />Sylvester Gulch Facilities Area as was permitted in Permit Revision No. 7 and subsequent revisions, with <br />minor changes to the North Soil Storage Area (NSSA) and the Ventilation Shaft #3 site. In both areas, <br />the original permitted disturbance was reduced, which therefore, reduces reclamation liability. <br />Nevertheless, MCC will withdraw the minor revision and resubmit the application as a technical <br />revision. Anew application form and a proposed public notice will be sent under separate cover. <br />cc: Henry Barbe <br />Chris Nyikos <br />Phil Schmidt ' <br />Kathy Welt <br />mr252wd.doc <br />