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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 />March 31, 2008 <br />Mr. Paul Perri <br />Division of Water Resources, Office of the State Engineer <br />1313 Sherman St., Suite 818 <br />Denver, CO 80203 <br />Re: Monument Dam <br />OSE Construction File No.: C-1676A <br />Water Division 4, Dam ID: 400413 <br />Mountain Coal Company, West Elk Mine (Mining Permit C-80-007) <br />Dear Mr. Perri: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <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 />Modifications recently made to the Monument Dam were prompted by Mountain Coal <br />Company's proposed longwall mining near the dam. Although the Division of Reclamation, <br />Mining and Safety (DRMS) has previously approved the proposed longwall mining near the <br />dam, the approval prohibited the mining from starting until the Office of the State Engineer <br />(OSE) issues final approval of the dam modifications. The OSE granted conditional approval of <br />the modifications in a letter to the owner of the dam, Minnesota Canal and Reservoir Company, <br />dated February 29, 2008 (see attached copy). <br />Since the conditional approval was issued, Mountain Coal has informally requested that longwall <br />mining be allowed to immediately begin in the panel nearest the dam (panel E 1), and that mining <br />in the other 11 panels not begin until the OSE issues final approval of the dam modifications. <br />The owner of the dam and reservoir has endorsed Mountain Coal's request (see attached letter <br />from Minnesota Canal and Reservoir Company to the Division of Reclamation, Mining and <br />Safety, dated March 10, 2008). So far, Mountain Coal has made their request only informally, <br />but they anticipate making a formal request soon by submitting to DRMS an application for a <br />Technical Revision to the mining permit. <br />DRMS requests the OSE's comment on Mountain Coal's proposal to immediately begin <br />longwall mining in panel E1 and please advise us of any objection to this proposal. <br />If you have any questions, please do not hesitate to call me. <br />Sincerely, <br /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />cc: Dan Hernandez, DRMS <br />Henry Barbe, Mountain Coal Company <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines