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C ego 0o7 <br />MOUNTAIN COAL <br />- %COMPANYL.L.C. <br />A Subsidiary of Ards Western Bituminous Group, LLC <br />C, V-20/ ,O ?Or West Elk Mine <br />P.O. Box 591 <br />n { 5174 Highway 133 <br />Somerset, CO 81434 <br />70) 929-2200 <br />V A. C 6L r t fYs's Fax (970) 929-5050 <br />aq?eb aP <br />July 2, 2010 <br />PERMIT No. C-1980-007; REQUEST TO VACATE NOV CV-2010-001 <br />ANALYSIS AND REBUTTAL <br />Analysis of Cited Regulations: <br />Each cited section of the regulations is quoted below. Important in these discussions are key <br />words and definitions that MCC believes have been disregarded, misinterpreted and/or <br />misapplied by the Division resulting in the alleged violation. These key words are bolded and <br />definitions provided to better and more reasonably understand their actual intended meanings <br />and objectives. Definitions for words marked with an asterisk are provided from The American <br />Heritage Dictionary of the English Language, published in 1975, as those definitions were not <br />provided in the regulations. Definitions for words marked with a number are from the <br />regulations. <br />? "2.05.2(2) - Operation Plan - Estimated Area for Life of Operation - Operation description. <br />A general description* and appropriate map(s), prepared in accordance with 2.10, <br />describing the area of land to be affected' over the life of the operation, according to the <br />anticipated* sequence of mining and reclamation, and identifying each area of land for <br />which it is anticipated a new, separate, five-year permit will be obtained and a performance <br />bond will be posted throughout the operation and any change in a facility or feature shown <br />under 2.10 which would result from the proposed operations." <br />*general description = wide-ranging representation involving only the main or more <br />obvious features of something and lacking detail or precision. <br />*affected = acted upon, influenced or changed. <br />*anticipated sequence of mining = foreseen or envisioned sequence of mining. <br />1. 1.04(7) Affected Area - With respect to underground mining activities? <br />"affected area" means: (i) any water or surface land upon or in which those <br />activities are conducted or located; and (ii) land or water which is located above or <br />below underground mine workings. <br />2. 1.04(144) Underground Mining Activities - means a combination of.- (a) Surface <br />operations incident to underground extraction of coal or in situ processing, such as <br />construction, use, maintenance, and reclamation of roads, above-ground repair <br />areas, storage areas, processing areas, shipping areas, areas upon which are sited <br />support facilities including hoist and ventilating ducts, areas utilized for the disposal <br />and storage of waste, and areas on which materials incident to underground mining <br />operations are placed,