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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 />Governor <br />September 8, 2010 Mike King <br />Executive Director <br />Chris Nyikos Loretta E. Pineda <br />Mountain Coal Company, LLC Director <br />West Elk Mine <br />PO Box 591 <br />Somerset Colorado 81434 <br />Re: 2006 Exploration Project (X-2006-212-07) <br />Dear Mr. Nyikos: <br />Notice of Intent X-2006-212-07 expired on July 6, 2008. At this time, the Division has not <br />received any of the reporting as required by Rule 2.02.6. Abandonment reports required by Rule <br />4.07.3 are also outstanding. Therefore, you are out of compliance with the general requirements <br />for coal exploration. Please refer to Rule 2.02.6 and Rule 4.07.3 and submit the required reports <br />within 30 days. If all work is not completed at this time, you are required to request an extension <br />to the NOI. <br />Division records describe a project conducted under the name "Deer Creek Shaft" consisting of 2-4 <br />geotechnical holes, one pilot hole, and a short road and pad area, totaling about 1.7 acres of <br />disturbance. <br />If this site is now bonded under the approved West Elk Mine permit application, please reference <br />that information on the final reclamation report. Also, if any of the holes were abandoned, please <br />file an abandonment report. <br />Failure to promptly file the required reports and/or extension request could result in enforcement <br />actions. <br />If you have any questions, please call me. <br />Sinc el y, <br />Ke t A. Gorham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines