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<br /><. <br />MOUNTAIN (OAl <br />-%' ' COMPANY~.~.~. <br />A Subsidiary ofArch Western Resources, LLC <br />December 12, 2003 <br />Mr. James Burnell <br />Colorado Division of Minerals and Geology <br />Office of Mined Land Reclamation <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Division of Minerals and Gealoo~ <br />RECEiVi~® <br />DEC 19 2003 <br />West Elk Mine <br />P,O. Box 591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />(970)929.5015 <br />Fax (970) 929.5595 <br />Re: Mountain Coal Company L.L.C. (MCC), West Elk Mine; Permit No. C-80-007; E Seam <br />Development Plans. <br />Dear Mr. Burnell: <br />As a result of our recent meeting with the Division and the Office of Surface Mining (OSM), October <br />28, 2003, MCC is providing this letter of clarification for the development mining of E Seam. This <br />letter serves to notify the Colorado Division of Minerals and Geology (CDMG) and OSM of our intent <br />to begin development mining of the E Seam begimung in 2004. <br />As recited in the Mining Permit CO-80-007 and Permit Renewal of July 31, 2001, expiring July 31, <br />2006, MCC is approved to begin mining coal in the E Seam. The following citations show where <br />specific information can be found in the text of the mining and reclamation permit and respective <br />findings approval documentation: <br />Mining Permit -Coal (RN-04) <br />Permit Date: July 31, 2001 <br />Permit Expiration Date: July 31, 2006 <br />Recitals <br />Il! .4 copy of the operator's application, as amended and supplemented, has been approved by <br />the Division and is by reference incorporated herein. <br />