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PART I - INTRODUCTION <br />Purpose of this Document <br />This document presents the results of the Midterm Permit Review of Mountain Coal Company's <br />("MCC") West Elk Mine. The Colorado Division of Reclamation, Mining and Safety <br />("DRMS") conducted this review for the purpose of fulfilling the requirements of the Colorado <br />Surface Coal Mining Reclamation Act (the "Act"), and the Regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining (the "Regulations"). <br />Organization of this Document <br />This document is divided into the following three parts: <br />Part I - Introduction <br />Part II - Summary of Operations, Revisions to Permit, <br />Violations, Stipulations, Variances, and Bond <br />Part III - Requested Revisions of Permit Application <br />Midterm Review Requirements of the Regulations <br />Section 2.08.3 of the Regulations requires the Division to conduct a general review of each <br />mining and reclamation permit prior to the middle of the permit's term (2 1/2 years). Based on <br />this Midterm Review, for good cause shown, the Division may require the permittee to revise or <br />modify the permit in order to ensure compliance with the Act and the Regulations. <br />Table 1, below, lists the other Sections of the Regulations that require a Midterm Review of <br />specific aspects of each permit. <br />Table 1- Specific midterm review topics <br />Section Topic Applicability at the <br />West Elk Mine <br />2.06.2(10) Experimental practices Inapplicable, no <br />such practices. <br />2.06.3(4)(a) Mountaintop removal Inapplicable, no <br />variances such variances. <br />West Elk Mine Page 2 January 30, 2009 <br />Midterm Review