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Mountain Coal Company, LLC. Exhibit 51 <br />West Elk Mine Lower Refuse Pile <br />1.0 INTRODUCTION <br />Mountain Coal Company, L.L.C. (MCC), operator of the West Elk Mine located near Somerset, Colorado <br />revised its Permit No. C- 1980 -007, issued by the Colorado Division of Mining Reclamation and Safety <br />(CDRMS) in July of 1981 to include a temporary coal refuse disposal area. A revision was made in August <br />of 1985 to construct a permanent refuse disposal area known as the lower refuse pile (LRP). In March of <br />1993, the permit was revised to accommodate a new mine access road and to reconfigure the final phase of <br />the LRP. In March, 1996, a revision was submitted to reconfigure the final phase of the LRP to allow <br />placement of an additional 360,000 -cy of coal refuse. The additional capacity was achieved by utilizing <br />the benches on the north and east LRP slopes and placing the refuse at a 2H:1 V grade. In 1997 MCC <br />began utilizing the Refuse Pile Expansion area to the east and use of the LRP for coal refuse disposal <br />ceased, leaving a relatively flat area of about four (4) acres for materials and equipment storage. In 2009, <br />MCC plans to begin construction of a coal preparation plant and associated facilities, as well as an <br />adjacent coal analysis laboratory building atop the LRP. <br />The LRP is primarily located in a portion of Section 10, Township 13 South, Range 90 West of the 6th <br />P.M., within coordinates 1,447,500 to 1,447,750 east and 404,250 to 404,500 north on land owned by MCC. <br />The LRP encompasses approximately 25 acres immediately east of the existing surface facilities, south of <br />Colorado Highway 133 and west of Sylvester Gulch. The surface elevation at the top of the pile will be <br />approximately 6330 feet. The LRP was designed and will be maintained to prevent combustion, insure <br />stability and protection against adverse impacts on water quality, water flow, and vegetation, and so as not <br />to create a public health hazard. The LRP will be used for the life of the mine. Upon final reclamation of <br />the refuse pile, haul road, and appurtenant structures, the land will be returned to use as rangeland and <br />wildlife habitat. <br />Section 2.04 of the West Elk Mining and Reclamation Plan (MRP) provides information about the land to <br />be disturbed with respect to land use, site description, cultural and historic resources, soils, vegetation, and <br />fish and wildlife. In order to collect comprehensive and unbiased environmental baseline data for the West <br />Elk Mine, an environmental study area extending from 1/2 to 1 mile outside of the mine plan boundary and <br />encompassing approximately 25,000 acres of land was established. The study area is illustrated on Map 3 <br />of the MRP. The area disturbed by the construction of the permanent lower refuse pile is included within <br />the environmental study area. <br />The following summarizes the information in Section 2.04 of the MRP as it relates to the lower refuse pile. <br />Land Use The premining land use is rangeland supporting big game (deer and elk). Surrounding <br />land uses are described in Section 2.04.3 of the MRP. <br />Site Description The site is bounded on the north by State Highway 133, to the south by the mine's <br />main access and haul road and rangeland and woodland supporting big game (deer and elk), as well <br />as livestock (cattle and horses), to the east by Sylvester Gulch (ephemeral stream) and to the west <br />by the West Elk Mine surface facilities area. <br />Cultural and Historical As described in Section 2.04.4 of the MRP, an archaeological <br />reconnaissance of the environmental study area was conducted. No cultural or historical sites are <br />located in the area reviewed. <br />Soils The soils within the lower refuse pile site are of the Fugues loam type. For a specific <br />description, see Exhibit 27 and Map 41 (soils map) of the MRP. <br />