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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 COLORADO <br />Phone: (303) 866-3567 DIVISION O F <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAF ETY <br />May 14, 2009 <br /> Bill Ritter, Jr. <br /> Governor <br />Ms. Kathleen G. Welt Harris D. Sherman <br />Mountain Coal Company LLC Executive Director <br />P.O. Box 591 Ronald W. Cattany <br /> <br />Somerset, CO 81434 Division Director <br />Natural Resource Trustee <br />Re: West Elk Mine (Permit C-1980-007) <br />Completeness Review - Minor Revision 354 (MR-354) <br />Dear Ms. Welt: <br />We have received your application for a minor revision to your permit to conduct coal mining in <br />Colorado. Our initial review indicates that all preliminary items required by Rule 2.08.4(5) have not been <br />submitted. Thus, your application is incomplete for the purposes of filing as of May 14, 2009. In <br />accordance with Rule 2.07.3(1), you have the opportunity to amend, review, or otherwise make your <br />application complete. Please direct us to the locations of the following items in the submittal or existing <br />permit application, or submit these items <br />1. A description of the measures to be taken by MCC to avoid alteration or relocation of a natural <br />drainageway (2.05.3(3)(c)(iii) and 4.03.3(4)(d)); <br />2. A description of whether the proposed road or the proposed drilling will occur within 100 feet <br />of the right-of-way line of any public road, except where mine haul roads or mine access roads <br />join that right-of-way(2.05.3(3)(c)(v)(A)); <br />3. A plan for the reclamation of the road and boreholes (2.05.4); <br />4. Borehole diameters for the reclamation cost estimate (2.05.4(2)(b)); <br />5. A plan for backfilling, soil stabilizing, compacting and grading, with post-mining contour maps <br />and appropriate cross-sections that are typical and representative of the anticipated character of <br />the final surface configuration of the reclaimed drilling area and road (2.05.4(2)(c)); <br />6. A plan for revegetation of the proposed disturbances that meets the requirements of 4.15 <br />(2.05.4(2)(e)); <br />7. A description of the proposed post-mining land use for the proposed disturbances, and whether <br />the proposed post-mining land use is different from the pre-mining land use (2.05.5(2)); <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines