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MOUNTAIN COAL <br />West Elk Mine <br />Y <br />P.O. Box 591 <br />5174Hghway133 <br />L.L.C. <br />A Subsidiary of Arch Western Bituminous Group, LLC <br />Somerset, CO 81434 <br />(970) 929 -2200 <br />Fax (970) 929 -5050 <br />0 "N 0 20�� <br />May 27, 2010 <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 />Re: Mountain Coal Company, LLC, West Elk Mine; Permit No. C- 1980 -007; Written <br />Information in Regard to Alleged NOV CV- 2010 -001 <br />Dear Mr. Kaldenbach: <br />Mountain Coal Company, LLC (MCC) herein provides preliminary written information per Rule <br />5.04.3(1) within 15 days of the e- mailed service of Notice of Violation (NOV) CV- 2010 -001 on <br />May 14, 2010. MCC also intends to submit additional information in the near future to support <br />a request to CDRMS Director Loretta Pineda for this NOV to be vacated. <br />MCC takes great pride in and continues to work very diligently to conduct its coal mining <br />operations in compliance with the Regulations of the Colorado Mined Land Reclamation Board <br />for Coal Mining, the Colorado Surface Coal Mining Reclamation Act, and the commitments of <br />Permit C- 1980 -007. This is evidenced by the fact that MCC has not been issued a sustained <br />NOV in more than 10 years. MCC maintains its strong focus and work ethic to be the most <br />productive longwall mining operation while also maximizing and enhancing the safety and <br />environmental compliance of its operations. <br />In preparing its permit application and numerous subsequent revisions, MCC conducted <br />extensive environmental studies throughout the entire permit area. These studies were <br />included in and are part of MCC's approved Permit C- 1980 -007 and define and describe <br />(through narrative, maps, cross - sections and additional information) all resources within the <br />permit area along with the projected potential affects or impacts of its longwall mining activities <br />and its surface operations or facilities as if they extended to the lease and permit boundaries <br />(i.e. not just those areas above the actual, projected or anticipated longwall panels at the time <br />of the application or revision.) As such, the entire area of MCC's current permit area south of <br />the divide (except 420 acres west of the E -seam outcrop) is included in and has been <br />approved as MCC's permitted affected acreage (refer to the attached PR -10 and PR -12 <br />decision forms). <br />The three exploratory entries alleged to be a violation in this NOV were developed within <br />MCC's valid, existing coal leases and within its approved permit area (i.e. within the area in <br />which all projected potential affects and impacts, whether from mining or surface disturbances <br />have been described.) These three entries do not constitute a new or extended longwall <br />