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Request to Amend Stipulations Nos. 74 and 75 <br />March 18, 2008 <br />Stipulation No. 74 (MCC Suggested Language) <br />Longwall mining at the West Elk Mine in E Seam Panels 2 through 12 must not begin until <br />measures to strengthen Monument Dam and its southern-adjoining landslide have been <br />installed, and until an engineering certification, documenting that the measures were installed <br />in accordance with their DWR/OSE-approved designs, along with a copy of a final Statement <br />of Acceptance from the DWR/OSE, has been submitted to the DRMS. E-Seam Panel E1 is <br />granted approval for longwall mining because the DWR/OSE granted conditional approval in <br />February 2008 to Minnesota Canal and Reservoir Company to fill the reservoir after <br />preventative measures were installed by Mountain Coal Company L.L.C. <br />Stipulation No. 75 <br />Longwall mining at the West Elk Mine in E Seam panels 1 through 12 must not begin until measures <br />approved by the Division of Water Resources, Office of the State Engineer, Colorado Department of <br />Natural Resources to strengthen Monument Dam and its southern-adjoining landslide have been <br />installed, and until an engineering certification, documenting that the measures were installed in <br />accordance with their DWR/OSE-approved designs, along with a copy of a final Statement of <br />Acceptance from the DWR/OSE, has been submitted to the Division of Minerals and Geology. <br />Stipulation No. 75 (MCC Suggested Language) <br />(Remove) <br />Attached is a memorandum prepared by Barr Engineering, and letters from MCRC and the <br />DWR/OSE. <br />Since there will be no material costs involved, no change to MCC's reclamation bond is applicable. <br />Lastly, because MCC diligently resolved the concerns of MCRC, no further public notice is <br />necessary. <br />We appreciate the Division's consideration and careful review of this request and, as always, would <br />be happy to work with you to address any questions or concerns that arise during the review process. <br />If you have questions regarding the submittal please call either Doug Nolte at (970) 929-2223, or me <br />at (970) 929-2238. <br />Si- 9. ely, <br />enry . Barbe <br />Environmental Engineer <br />Enclosures: Summary Report - Barr Engineering, Letters from MCRC and DNR/OSE <br />cc: Phil Schmidt <br />Doug Nolte <br />Pete Wyckoff <br />2