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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) 8663567 <br />FAX: (303) 832-8106 <br />June 5,2007 <br />Henry Barbe <br />Mountain Coal Company, LLC <br />P.O. Box 59( <br />Somerset, CO 81434 <br />Re: West Elk Mine (Permit No. C-1980-00'n <br />Technical Revision No. 108 (TR-108) <br />Preventative Measures for Mouumeut Dam <br />Dear Mc Barbe: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />We have completed a preliminary review of your application for TR-108. We have the following comments. <br />1. Please add to the next to the last paragraph on page 2.05-172 of your submittal an explanation that the <br />definitions of affected area and disturbed area in CDRMS Rule 1.04 do not apply to the preventative <br />measures for Monument Dam because the measures area "reinforcement of a sensitive structure" as <br />described in CDRMS Rule 2.05.6(6)(f)(iii)(C)(I). Consequently, the area where the measures will be <br />implemented will not be reported as reclamation work in the mine's annual reclamation report, and will <br />not be subject to DRMS requirements for: operation plans, sediment control, reclamation plans, <br />reclamation bond, and the special public notice requirements for affected areas within 100 feet of the <br />outside right-of--way of a public road. <br />2. To ensure consistency with permit text previously approved in PR-10, please change the last sentence <br />on page 2.05-172 of the submittal to read: <br />MCC in addressing 2.05.6(6)(f)(iv)(A-D), will do one or more of the following: replace, repair, <br />and otherwise restore the dam and structures downstream or will purchase insurance policies <br />addressing downstream damage and will be in effect at the time of longwall mining, should <br />catastrophic failure of the dam occur as aresult ofmine-induced impacts. <br />If you have any questions, please contact me. <br />Sincerely, <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />cc: Dan Hernandez, CDMG <br />Office of Office of <br />Mined Land Reclamation Denver Grand junction Durango Active and Inactive Mines <br />