2011-10-17_REVISION - C1980007 (2)

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Introduction This document is the decision package prepared by the Colorado Division of Reclamation, Mining and Safety (Division) for the West Elk Mine, Permit Renewal No. 6 (RN -06). This document includes: 1) the proposed decision to approve the permit renewal application; 2) a summary which includes a history of the review of the permit renewal application, a description of the environment affected by the operation and a description of the mining and reclamation plan; and 3) the written findings of compliance the Division have made as required by the Colorado Surface Coal Mining Reclamation Act. Detailed information concerning the findings of compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The Division has received an application for a permit renewal to conduct surface coal mining and reclamation operations at the West Elk Mine. The application was submitted by Mountain Coal Company (MCC), the operator of the West Elk Mine. This document is updated upon permit renewal, which occurs every five years for the West Elk Mine. The findings in this document were re- evaluated and updated as necessary to reflect changes which have occurred during the past permit term. The mine permit area encompasses approximately 17,155 acres on federal and private lands within Gunnison and Delta Counties, Colorado. These lands include all or portions of: Sections 9 through 36, Township 13 South, Range 90 West of the 6 P.M., Sections 23 through 26, Township 13 South, Range 91 West of the 6 P.M, and Sections 1, 2, 3, 4, 8, 9, 10, 11, and 12 Township 14 South, Range 90 West of the 6 P.M. The lands within the permit area can be found on the USGS 7.5 minute Quadrangle maps of Bowie and Somerset. Proposed Decision The Colorado Division of Reclamation, Mining and Safety proposes to approve the application for Permit Renewal 6, with stipulations. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34 -33 -101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by MCC, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. Permit C -80 -007 has four active permit stipulations that are listed below. Inactive permit stipulations are listed in Appendix "A" at the end of this Findings Document. 2