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<br />MOUNTAIN COAL <br />COMPANVL.L.C. <br />A Subsidiary of Arch Westem Resources, LLC <br />March 18, 2008 <br />maboa, <br />,4Q\Sg~7 <br />Q?v???A??9 aid <br />Mr. Tom Kaldenbach <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <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 />RE: Mountain Coal Company L.L.C., West Elk Mine; Permit C-80-007, Request to Longwall <br />Mine Panel E 1 and Amend Stipulations Nos. 74 and 75. <br />Dear Mr. Kaldenbach: <br />Mountain Coal Company, L.L.C. (MCC) is submitting a request to review the attached information <br />for the purpose of DRMS removing or amending the stipulations set forth in the South of Divide <br />Permit Document Stipulations Nos. 74 and 75, of MCC's Mining and Reclamation Permit No. C- <br />80-007. <br />MCC has fully met the intent of Stipulations Nos. 74 and 75. MCC has completed the construction <br />in accordance to the designs accepted by the DWR/OSE and the construction was conditionally <br />approved by DWR/OSE to allow filling the reservoir in 2008. MCC will have the as-built suveys <br />and the "Final Approval" of the DWR/OSE by October 31, 2008. MCC is requesting the <br />stipulations be removed as all concerns causing the stipulations have been resolved. If removal is <br />not an option, then amending the stipulations so that MCC can longwall mine Panel E1 and that <br />subsequent mining of panels E2 through E12 can occur once "Final Approval" is granted by the <br />DWR/OSE. <br />MCC is proposing an extension of time be granted in order to receive "Final Approval" and <br />suggesting language to amend the stipulations to allow MCC to longwall mine Panel E 1. <br />This letter addresses two stipulations Nos 74 and 75, CDRMS permit language is unbolded and <br />italicized, MCC's suggested amendments are in bold. <br />Stipulation No. 74 <br />Longwall mining at the West Elk Mine in E Seam panels 1 through 12 must not begin until the <br />measures required by stipulation 75 have been submitted to the division as a technical revision and <br />been approved.