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MOUNTAIN COAL <br />t--?VOMPANYL.L.C. <br />A Subsidiary of Arch western Resources, LLC <br />August 14, 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 />REC F0w -T-D <br />AUG 2 G 1009 <br />Divisu,-r ,-., iation, <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-1980-007; Technical Revision No. 119, <br />Enhancing MCC's Stormwater and Water Storage Management <br />Dear Mr. Kaldenbach: <br />Mountain Coal Company (MCC) submits the attached information for Technical Revision No. 119 to Mining and <br />Reclamation Permit No. C-1980-007 to enhance MCC's stormwater and water storage management by expanding existing <br />pond MB-5 (to be called M13-5E) to replace existing sediment and water storage ponds MB-1 and M13-2. Attached are <br />construction designs for pond M13-5E to be added to the permit document as Exhibit 47A and SedCAD designs of Exhibit <br />66 for the pond, ditches and culverts revised and/or added as part of this application. <br />MCC holds water rights for the storage of water for its mine operations in several ponds on the mine site including a <br />conditional water right for freshwater pond FW-2. To perfect this right, existing sediment pond MB-1 will be converted <br />into freshwater storage pond FW-2 and the area of pond MB-2 will be converted to additional area for product coal storage. <br />The existing stormwater control and water storage functions of ponds MB-1 and MB-2 will be handled in pond M13-5E. <br />MCC has met with the State Engineer's Office and filed the appropriate forms regarding the designation of the pond as a <br />non jurisdictional water impoundment. A letter confirming such will be provided to the Division in the next few weeks. A <br />water rights diligence application will be filed as well. MCC has also contacted the Division of Wildlife for confirmation <br />that there will be no impacts to wildlife from the project and expect their letter soon as well. MSHA criteria for dams and <br />water impoundments have been reviewed and show that this structure does not require MSHA approval. MCC is also in the <br />process of review with the Army Corp of Engineers (ACOE) after completing a site evaluation (see Wright Water Engineers <br />report attached) of the ordinary high-water mark and of jurisdictional wetlands. MCC also anticipates that the ACOE <br />authorizations will be received in the next few weeks. <br />Attached are the completed revision form, proposed public notice, revised permit pages and table of contents and new <br />Exhibit 47A and Exhibit 66 information. Also attached is a table of the dimensions and construction quantities for the <br />Divisions use in estimating the reclamation bond amounts required for this project. Please feel free to contact me should <br />you have further comments or questions regarding this submittal. <br />Sincerely, <br />Ka een G. Welt <br />Environmental Engineer III <br />cc: Doug Nolte -MCC <br />Availability of Records File <br />Joanne Williams - Gunnison Co.