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(-,*\ MOUNTAIN COAL <br />F /(0MPANYL.L.C. <br />A Subsidiary of Arch Western Resources, LLC <br />April 28, 2009 <br />Mr. Tom Kaldenbach <br />Colorado Division of Reclamation Mining and Safety <br />Office of Mined Land Reclamation <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RED7; QED <br />M,aj J , tri?+9 <br />Division OT meciamation, <br />Mining and Safety <br />West Elk Mine <br />P.O. Box 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />(970) 929-5015 <br />Fax (970) 929-5595 <br />Re: Mountain Coal Company, LLC, West Elk Mine; Permit No. C-80-007; Technical Revision No. 117, <br />Submittal of Responses to Mid-term Review No. 6 <br />1) ear Mr. Kaldenbach: <br />Mountain Coal Company (MCC) submits the attached information for Technical Revision No. 117 to Mining <br />and Reclamation Permit No. C-80-007 in response to the CDRMS Mid-term No. 6 review comments. The <br />responses are numbered and provided in order of the comments presented in your letter and review document of <br />January 30, 2009. <br />Attached are the completed revision form, proposed public notice, responses, and revised permit text, table of <br />contents and maps, as well as other supporting documents. <br />With this revision application MCC requests reconsideration of stipulation Nos. 2 and 76. The Annual <br />Hydrology Report required per stipulation No. 2 has been a long-time commitment within the permit document <br />and need not be stipulated as "active". The monitoring of Monument dam per stipulation 76 is already being <br />conducted in agreement with the Minnesota Canal & Reservoir Company (MCRC) and the Division of Water <br />Resources (DWR), so at least in part has been complied with, and the only "future" component is the <br />notification to DWR if there is a peak ground acceleration exceedance. Also, per the MCRC and DWR <br />agreement, MCRC will take over the piezometer and survey monument monitoring and data reporting from <br />MCC within the next year. MCC will retain responsibility of the accelerometer/seismometer and robotic station <br />monitoring and reporting. <br />Please feel free to contact me should you have further comments or questions regarding this submittal. <br />Sincerely, <br />Kathleen G. Welt <br />Environmental Engineer <br />cc: Doug Nolte -MCC <br />Availability of Records File <br />Joanne Williams - Gunnison Co. <br />CdrmsTR 117submitta1041709. doc