2012-04-26_REPORT - C1980007 (2)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 26, 2012 John W. Hickenlooper Governor Mike King Executive Director Kathleen G. Welt Mountain Coal Company, LLC Loretta E. Pineda Director P.O. Box 591 Somerset, CO 81434 Re: West Elk Mine (Permit No. C-1980-007) 2011 Annual Reclamation Report Division Review Letter Dear Ms. Welt: The Colorado Division of Reclamation, Mining and Safety (Division) has received the 2011 Annual Reclamation Report (ARR) for the West Elk Mine. The original submittal date for the 2011 ARR was 15 February 2012, but the due date was extended until 27 February 2012 (via an e- mail request received on 14 February 2012). The ARR was received via e-mail on 24 February 2012. Thank you for your timely submittal of this report. The Division has reviewed the 2011 ARR and has the following comments and questions. 1.On the Annual Reclamation Report form, the cumulative total for areas backfilled and graded and areas topsoiled is 71.16 acres. The cumulative total for acres seeded is 71.20 acres. The total acres topsoiled and the total acres seeded are usually the same, however, there is a difference of 0.04 acres. This difference started in the 2009 ARR, when 2.50 acres were topsoiled and 2.53 acres were seeded. In the 2010 ARR, 0.10 acres were topsoiled and 0.11 acres were reseeded. Please explain why there were more acres seeded than topsoiled during the 2009 and 2010 reporting years. Please correct the Annual Reclamation Report form as necessary and provide a revised copy of the Annual Reclamation Report form to the Division for review and inclusion in the 2011 ARR. 2.On the Annual Reclamation Report form, in the Land Status Category table, the total acres disturbed is listed as 476.52 acres (459.52 acres disturbed in the 2010 reporting year plus 17.00 acres disturbed in the 2011 reporting year). The number of disturbed acres in the For the Entire Life of Mine category is listed as 459.52 acres, which is the 2010 acreage. Please correct the acreage figure in the For the Entire Life of Mine category to reflect the cumulative disturbed acres through 2011 (of 476.52 acres). Please provide a revised copy of the Annual Reclamation Report form to the Division for review and inclusion in the 2011 ARR. Office of Office of Mined Land Reclamation Active and Inactive Mines