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ARCO Ci <br />Legal <br />555 Seventeenth Street <br />Denver, Colorado 80202 <br />Telephone 303 293 4246 <br />Fax 303 293 4098 <br />R. Kirk Mueller <br />Senior Attorney <br />April 17, 1998 <br />VIA HAND DELIVERY <br />Denver, Colorado 80203 <br />Susan L. Burgmaier <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Re: West Elk Mine (Permit No. C-80-007) <br />Transfer of Coal Permit <br />Dear Susan: <br />Ill llllll111111111l~ <br />RECEIVED <br />APR 17 1998 <br />division of Minerals ~ Geology <br />Responding to your letter of April 13, 1998 regarding documentation you <br />received from Arch and ARCO in regard to the above-referenced permit transfer, <br />I offer the following responses to the issues you raised: <br />3. ARCO has indicated that transfer of the rights of entry currently held by <br />MCC and ARCO will be concurrent with the closing of the transaction <br />between Arch and ARCO. In order to verify that all of the necessary <br />transfers have been made, DMG will impose a stipulation on our decision <br />to approve the transfer. The stipulation will require that, within 15 days of <br />closing, Arch provide a demonstration that all necessary rights of entry to <br />operate the West Elk Mine have been procured. <br />Response: It is presently anticipated that all property in the vicinity of or <br />relating to MCC that is currently held by ARCO (including warranty deeds <br />and leases) will be transferred from ARCO to MCC. Thereafter, by <br />operation of merger of MCC into MCC, LLC, the property and leases will <br />become the property of MCC, LLC. Finally, ARCO will close the sale of <br />virtually all of its interest in MCC, LLC to Arch. Thus, the stipulation you <br />have described should pose no problem. <br />4. A cover letter from Mr Gardner of Arch explains the relationship between <br />Mountain Coal Company, LLC, Arch Western Resources, LLC, Arch Coal, <br />nnam¢ R¢Miaia Comuanv <br />