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<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 9, 2008 <br />Henry Barbe <br />Mountain Coal Company, LLC <br />P.O. Box 591 <br />Somerset, CO 81434 <br />STATE OF COLORADO <br />4 <br />Re: West Elk Mine (Permit No. C-1980-007) <br />Proposed Decision - Technical Revision No. 111 (TR-111) <br />E Seam Methane Drainage Wells for Longwall Panel E1 (Conceptual plan) <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 />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical <br />Revision No. 111 at the West Elk Mine. Notice of the proposed decision will be published in the Delta <br />County Independent as soon as possible. The first publication will initiate the ten (10) day public comment <br />period for the Division's decision. <br />The Division is in receipt of the June 6, 2008, letter and Appeals Decision from the GMUG National <br />Forest giving its consent to the surface use proposed by the mine plan modifications related to TR 111. <br />The Division conditionally accepts this consent as proof of right of entry, with final approval contingent <br />upon the expiration of the 15 business day implementation period required for the Forest Service <br />Appeals Decision under 36 C.F.R. 215.9(b). This approval does not authorize any action on the ground. <br />The Division provides this conditional approval to allow the next reviews by OSM and the USDI <br />Assistant Secretary for Land and Minerals to commence. According to the applicant, timely and <br />successful completion of this review will lead to proper ventilation of the mine and reduce the risk posed <br />to the miners by the elevated methane levels at the current time. <br />Any appeal of the USFS consent or modifications to this consent before the conclusion of the 15 day <br />implementation period may be grounds for the Division to rescind its conditional approval. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within 15 days of final approval. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines