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Stipulation No. 76 <br />MOUNTAIN COAL COMPANY WILL INFORM THE MONTROSE OFFICE OF THE COLORADO <br />DIVISION OF WATER RESOURCES OF PLACEMENT OF ALL NEW SURVEY MONUMENTS. <br />MOUNTAIN COAL COMPANY WILL COPY THE MONTROSE OFFICE OF THE COLORADO <br />DIVISION OF WATER RESOURCES ON ALL SURVEY, PIEZOMETER, AND <br />ACCELEROMETER/SEISMOMETER MONITORING IN AND AROUND MONUMENT DAM. <br />MOUNTAIN COAL COMPANY WILL NOTIFY THE MONTROSE OFFICE OF THE COLORADO <br />DIVISION OF WATER RESOURCES WHENEVER THE PEAK GROUND ACCELERATION (PGA) <br />THRESHOLD IS EXCEEDED DURING THE MONITORING PERIOD, WHETHER MINE-INDUCED <br />OR NATURALLY-OCCURRING. <br />STATUS: FUTURE. <br />Bond <br />The reclamation cost estimate for the West Elk Mine was most recently updated in 2007, using <br />unit costs from 2006. Unit costs have changed since then; therefore, an update of the estimate is <br />warranted. The Division is preparing an updated estimate, and will provide the permittee a copy <br />for their review prior to inserting it in the permit application. <br />PART III - COMMENTS AND REQUESTED REVISIONS <br />OF PERMIT APPLICATION <br />The Division's Midterm Review has found that permit application C-80-007 needs the <br />modifications and updated information described below. The purpose of the modifications and <br />updated information is to ensure compliance with Rule 2.03.2(1), which requires information in <br />the application to be current, clear, and concise. As a result of this finding the Division requests <br />that the permittee submit revised permit pages in a Technical Revision by April 1, 2009. <br />1. Please change the title of Map 66 from "Alluvial Valley Floors" to "Alluvial Deposits" <br />so that all alluvial deposits are not mistakenly considered alluvial valley floors. <br />2. Please delete Exhibit 70B (RPE Shaft Project Plan) from the permit application if this <br />project will not occur. <br />3. Upon approval of the Technical Revision submitted as a result of this Midterm Review, <br />the Division (and MCC if they have not already done so) will insert in their copy of the <br />permit application the following two items that were inadvertently left off of the DRMS <br />decision forms in previous revisions. MCC does not need to submit copies of these two <br />items, as DRMS already has them. <br />a. Exhibit 39 a prime farmland determination letter dated March 30, 2004 from <br />Terry Hughes at USDA to Steve Boyle (approved in PR-10). <br />West Elk Mine Page 7 January 30, 2009 <br />Midterm Review