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`-MOUNTAIN COAL COMPANYL.L.C. A Subsidiary of Arch Wesiem Resources, LLC April 16, 1999 Mr. Larry Routten Colorado Division of Minerals and Geology 1313 Sherman Street, Room 2I5 Denver. CO 80203 ^iii iiiiiiiiiiiu iii 999 r'~ECEIVE'~SPOieoa svi S I74 Highway 173 APR 19 X9;0, 929-5015 F rt970)929-5595 Division of Minerals 8 geology RE: Bcar Coal Company, Bear No. 3 Mine, Permit No. C-81-033 Deaz Mr. Routten: Mountain Coal Company, LLC (MCC) is providing this letter as the majority owner of the surface lands where the Beaz No. 3 Mine, Permit No. C-81-033, was operated by Bear Coal Company (BCC). Given the current conditions of the site, MCC is concerned that proper reclamation of the permit area has not been completed, and that potentially dangerous conditions may exist on the site. As you are aware, a relatively active landslide has occurred to the west of the former Bear No. 3 portals on the permit area. In fact, MCC, rather than the permittee, Bear Coal Company, was issued a Notice of Violation ("NOV") for this landslide. In the NOV, the Division alleged that the water discharging from the old Edwards Portal originated from the West Elk Mine, and had caused the landslide. As stated in the order vacating the NOV, MCC was successful in proving "that the West Elk Mine was not the sole source of water emanating from the Bear Mine Edwards Portal Area" and that the landslide was not caused by this water. During that process of resolving the NOV, the Division repeatedly stated that it had concerns about the landslide regarding public health and safety. In the letter that accompanied the issuance of the aforementioned NOV, dated November 26, 1997, [he Division stated: "The CDMG is concerned that the landslide is a public health and safety hazard due to its proximity to the Bear Coal Company mine, the North Fork of the Gunnison River, and the town of Somerset. Portions of the landslide have already fallen into the river, and the slide has the potential to significantly and adversely impact the hydrologic regime of the North Fork of the Gunnison River. The slide has already adversely impacted the Bear Mine area". These concerns still exist, but yet no effort has been made to remedy these concerns. MCC is aware that BCC has submitted a technical revision application to construct a pond to treat the water that is issuing from the old Edwards Portal. While MCC recognizes that this application is a step in the direction of proper reclamation for the site, MCC believes there aze a few deficiencies in the application. For example, the application does not indicate whether this