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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 />COLORADO <br />D I V I S I ON Of <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br />September 21, 2009 Governor <br /> Harris D. Sherman <br /> Executive Director <br />Kathleen G. Welt Ronald W. Cattany <br />LLC <br />Mountain Coal Company Division Director <br />, <br />P.O. Box 591 Natural Resource Trustee <br />Somerset, CO 81434 <br />Re: West Elk Mine (Permit No. C-1980-007) <br />Proposed Decision - Technical Revision No. 119 (TR-119) <br />Sediment Control Pond MB-5E <br />Dear Ms. Welt: <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical <br />Revision No. 119 at the West Elk Mine. Notice of the proposed decision will be published in the Delta <br />County Independent as soon as possible. The first publication will initiate the ten (10) day public <br />comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the <br />Revised Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond <br />that equals or exceeds the Revised Liability. This Technical Revision must not be implemented until this <br />proposed decision becomes final and until any required increase in bond is submitted to and approved by <br />the Division. <br />If you have any questions, please contact me. <br />Sincerely, <br /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />Enclosure <br />cc: Carl Johnston, Office of Surface Mining, with enclosures <br />C-TQ*-e1f$0007 TAK_09212009095451.doc Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines