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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 25, 2008 <br />Henry Barbe <br />Mountain Coal Company L.L.C. <br />P.O. Box 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />Re: Formal Public Hearing, Mountain Coal Company L.L.C. <br />The West Elk Mine, DRMS Permit No. C-1980-007 <br />Technical Revision TR-111 <br />Dear Mr. Zukoski: <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />On June 20, 2008, the Colorado Division of Reclamation, Mining and Safety (Division) received a <br />request for a hearing before the Colorado Mined Land Reclamation Board (Board) pursuant to Section <br />2.08.4(6)(b)(iii) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining <br />(Regulations). This request for hearing was filed to contest the Division's Proposed Decision to approve <br />the application for Technical Revision TR-111 to Permit No. C-1980-007 for the West Elk Mine. The <br />permittee and operator of the West Elk Mine is Mountain Coal Company L.L.C. The party that filed this <br />request for hearing is Earthjustice on behalf of Rocky Mountain Clean Air Action and on behalf of <br />Colorado Wild. <br />The Division, in accordance with the Section 2.08.4(6)(b)(iii), has determined that this request was <br />properly and timely filed. Therefore, pursuant to Section 2.08.4(6)(b)(iii), the Division has scheduled a <br />Formal Public Hearing regarding this matter at the next regularly scheduled Board meeting. The hearing <br />on this matter will occur during the July 9-10, 2008, Board meeting, at 1313 Sherman St., Room 318, <br />Denver, Colorado. The meeting will begin at 9:00 am on July 9th or as soon thereafter as the matter can <br />be considered. All written motions regarding this matter must be submitted to the Board no later than <br />Tuesday, July 1, 2008. Please submit l 5 3-hole punched copies to Sitira Pope with the Division to be <br />forwarded to the Board. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, <br />1313 Sherman Street, Room 215, Denver Colorado. My phone number is 303-866-4923. My e-mail <br />address is tom.kaldenbach(a~state.co.us. <br />Sincerely, <br />~ ~-1 ~ <br />Thomas A. Kaldenbach <br />Environmental Protection Specialist <br />Office of ,Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />