2011-05-16_REVISION - C1980007 (3)

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MOUNTAIN COAL COMPANYL.L.C. S • A Subsiciary B Arch'Westem &-um nous Group, LLC West Elk Mine P.O. Box 591 5174 Highway 133 Somerset, Co 81434 (970) 929 -2200 Fax (970) 929 -5050 April 26, 2011 Ms. Barbara Sharrow, Field Office Manager Bureau of Land Management Uncompahgre Field Office 2465 South Townsend Avenue Montrose, CO 81401 Mr. Levi Broyles, District Ranger USDA Forest Service Paonia Ranger District P.O. Box 1030 Paonia, CO 81428 D L H 2001 Family Trust 44960 Highway 133 Paonia, CO 81428 Gunnison Board of County Commissioners Gunnison County Courthouse 200 East Virginia, Suite 104 Gunnison, CO 81230 Minnesota Canal & Reservoir Company 41103 Lamborn Mesa Rd Paonia, CO 81428 • Mr. Roy Graham 1987 Highway 133 Somerset, CO 81434 Mr. Neal Starkebaum, Assistant Planning Director Blackstock Government Center 221 N. Wisconsin, Suite D Gunnison, CO 81230 Ark Land Company c/o Mountain Coal Company, LLC P. O. Box 591 Somerset, CO 81434 Oxbow Mining, LLC P.O. Box 535 Somerset, CO 81434 Re: Mountain Coal Company, LLC, West Elk Mine; Permit No. C -1980 -007; Notice of Requests for Reclamation Bond Release To Whom It May Concern: In compliance with Rule 3.03.2(1) of the of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining ( " the Regulations"), 1980, as revised, Mountain Coal Company, LCC (MCC) is providing this notice that MCC plans to conduct reclamation success sampling and submit subsequent requests to the Colorado Division of Reclamation, Mining and Safety ( CDRMS) for the partial or final release of the reclamation liability held in surety bonds. The bond release requests are planned for several reclaimed methane drainage well (MDW), exploration and other drill hole sites and associated roads in the Dry Fork of Minnesota Creek and West Flatiron areas, as well as the reclaimed Lone Pine Gulch ventilation facility formerly located west of Somerset, CO. MCC proposes to include requests for Phase I bond release for up to 60% of the reclamation bond held by the CDRMS for each site, Phase II bond release for an additional 20% (i.e. up to 80 %) of the reclamation bond held, and Phase III bond release of the remaining amount of reclamation bond held on each of the sites, as applicable. In accordance with the Regulations, Phase I bond release may be requested after backfilling, regrading and drainage control has been successfully completed in accordance with MCC's approved reclamation plan. Backfilling and grading are considered to be complete when the final post - ( mine topography has been achieved in accordance with the permit, including establishment of the approved permanent stormwater drainage system. Phase 11 bond release may be requested when vegetation is established and supports the approved post- mining land use. The CDRMS will also evaluate topsoil replacement, and, in most cases, vegetative cover and species composition as