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MOUNTAIN COAL <br />COMPANYL.L.C. <br />A Subsidiary of Arch Western Resources, LLC <br />May 25, 2009 <br />RECEIVED <br />MAY 2 8 2009 <br />dui <br />_ -ay <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 />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 <br />No. 117, Amendment to Responses to Mid-term Review No. 6, AHR Submittal Date <br />Dear Mr. Kaldenbach: <br />As I'd mentioned in the original TR 117 submittal cover letter, the Annual Hydrology Report (AHR) <br />required per stipulation No. 2 has been a long-time commitment within the permit document, and as <br />such, MCC does not believe that it should remain as an "active" stipulation to MCC's permit. In <br />addition, the stipulated (and permit) due date of April 30 has historically been very difficult to achieve. <br />Factors contributing to past setbacks in completing the data compilation and data analyses for the AHR <br />include delays in availability of published local and regional data (e.g. precipitation and river flow <br />data), major operational conflicts (e.g. thermal or fault inflow events), as well as manpower issues (e.g. <br />loss of MCC and/or consultant personnel.) As a result, MCC proposes the attached permit text changes <br />(pages 2.05-82 and pages 2.05-294 to 297) revising the AHR due date to be by June 30 of the year <br />following the end of the water year. MCC will continue to strive to prepare and submit the AHR as <br />early in the second quarter of each year as possible, and should no longer need to be extended. Again, <br />MCC requests that the AHR permit stipulation be removed, as it has been and is incorporated as a <br />permit commitment. <br />Please feel free to contact me should you have comments or questions regarding this submittal. <br />Sinea*f erely, ?? ?? <br />,r (/(s?'-? F <br />Kathleen G. Welt <br />Environmental Engineer III <br />cc: Dan Hernandez - CDRMS <br />Doug Nolte -MCC <br />Availability of Records File