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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 />September 4, 2008 <br />Henry Barbe <br />Mountain Coal Company, LLC <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: West Elk Mine, Permit C-1980-007 <br />Permit Stipulations 74 and 75 <br />Dear Mr. Barbe: <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 />DRMS has received a copy of a letter dated September 2, 2008 from the Office of the State <br />Engineer (OSE) to Minnesota Canal and Reservoir Co. (MCRC). The letter notifies MCRC that <br />the OSE considers the rehabilitation project of Monument Dam to have been: a) satisfactorily <br />completed, b) generally constructed in accordance with the approved plans and specifications, and <br />c) the construction project is accepted for full use. Based on this letter, DRMS finds that <br />Stipulations 74 and 75 that are attached to permit C-80-007 were complied with on September 2, <br />2008. These Stipulations have been removed from the permit; therefore, longwall mining may <br />commence in E-Seam Panels 1 through 12. <br />Sincerely, <br /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />copy via email to: Daniel I. Hernandez, DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines