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999 EXHIBIT 19C <br />Mountain Coal Company <br />West Elk Mine <br />Post Office Box 591 <br />Somerset. Colo2AO 87434 <br />Tekptxme 303 929.5015 <br />Fax 303 9235595 <br />April 26, 1995 <br />Mr. Raymond Kingston <br />U. S. Forest Service, Paortia Ranger District <br />P.O. Box 1030 <br />Paonia, CO 81428 <br />Re: Monitoring of U. S. Forest Service Water Resources <br />Dear Mr. Kingston, <br /> <br />To update and clarify Mountain Coal Company's (MCC) 1986 agreement with the U. S. Forest <br />Service, Paonia Ranger District (USFS) to monitor the USFS surface water resources that are <br />located above panels to be retreat mined (i.e., longwall mined or secondary recovery), I met with <br />Mike Ward at your office on February 07, 1995. In summary, MCC shall: <br />• Maintain Map 37 that contains the locations of the USFS surface water <br />• resources (stock ponds) within the West Elk Mine area of interest. MCC shall <br />contact the USFS at least annually for updated USFS surface water resource <br />information (i.e., add ponds constructed or moved, etc.) If updated, a copy of Map <br />37 shall be submitted by revision application for incorporation into MCC's Permit <br />document. A current map shall also be included in Annual Hydrology Reports <br />(provided annually to the USFS) <br />• Monitor for effects of subsidence by visually inspecting (access permitting) <br />USFS surface water resources with planned seasonal livestock use that are within <br />the surface area defined by the angle-of--draw from longwall mined areas and areas <br />of active secondary recovery. These inspections shall typically be conducted <br />monthly during the grazing season only (unless changing conditions require a more <br />frequent or less frequent monitoring interval as determined by the District Ranger.) <br />This monitoring shall typically begin one year prior to planned retreat mining (for <br />baseline condition) and end after complete subsidence of the area [i.e., two <br />consecutive subsidence surveys with no measured movement not attributable to <br />natural forces (e.g., frost heave, sloughage, etc.)] MCC shall contact the USFS <br />each year to determine the areas and start and end dates (duration) of planned <br />seasonal livestock use. <br />• Promptly report to the USFS any subsidence "impacts" observed by MCC <br />inspection. MCC shall also promptly inspect (access permitting) a reported <br />• "impact" to a "use" by a grazing permittee or USFS official. <br />