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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 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 5, 2009 <br />Ms. Kathleen G. Welt <br />Mountain Coal Company LLC <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: West Elk Mine (Permit C-1980-007) <br />Technical Revision 117 (Midterm Permit Review No. 6) <br />Dear Ms. Welt: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />As explained in our letter of June 4, 2009, the Division has completed a preliminary <br />review of the above-referenced submittal and found no further review is needed, with <br />the exception of the proposed elimination of Stipulation 76. <br />We have completed our preliminary review of the proposed elimination of <br />Stipulation 76 and have concluded that removal of this stipulation would best be <br />accomplished in a separate Technical Revision application so that there is adequate <br />time for comment from the Office of the State Engineer (OSE). Stipulation 76 was <br />attached to the permit application in response to OSE comments received during the <br />review of Permit Revision 10. Not having to ask for OSE comments on the proposed <br />removal of Stipulation 76 during TR-117 will result in sooner approval of TR-117, <br />and consequently will avoid the need to revise the full reclamation cost estimate for <br />any new revision applications that are submitted while waiting on OSE comments. <br />I am prepared to propose that the Division issue a proposed decision to approve TR- <br />117 upon receiving notification from you that you have no further comments on the <br />MT-6 reclamation cost estimate. <br />Please call me if you have any questions. <br />Sincerely, <br /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />cc: Dan Hernandez, CDMG (via email) <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines