1 

UNITED STATES

DEPARTMENT OF THE INTERIOR

This mining plan approval document is issued by the United States of America to: 

Mountain Coal Company, LLC 

5174 Highway 133 

Somerset, CO 81434 

for a mining plan modification for Federal Leases COC-1362 and COC-67232 at the West 

Elk Mine. This mining plan approval supplements all previous mining plan approvals for 

the West Elk Mine. The approval is subject to the following conditions. Mountain Coal 

Company, LLC is hereinafter referred to as the operator.

1. Statutes and Regulations: This mining plan approval is issued pursuant to Federal 

Leases COC-1362 and COC-67232; the Mineral Leasing Act of 1920, as amended (30 

U.S.C. 181 et seq.); and in the case of acquired lands, the Mineral Leasing Act for 

Acquired Lands of 1947, as amended (30 U.S.C. 351 et seq.). This mining plan approval 

is subject to all applicable laws and regulations of the Secretary of the Interior which are 

now or hereafter in force; and all such laws and regulations are made part hereof. The 

operator shall comply with the provisions of the Federal Water Pollution and Control 

Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and other 

applicable Federal laws.

2. This document approves the mining plan modification for Federal Leases COC-1362 

and COC-67232 at the West Elk Mine and authorizes coal development or mining 

operations on the Federal leases within the area of mining approval. This authorization 

expands the approved mining plan area into the following Federal coal lands:

COC-1362: 

Sixth Principal Meridian, 

Colorado T. 14 S., R. 90 W., 

Sec. 10, NE1/4 SW1/4, and SE1/4; 

Sec. 11, S1/2 NW1/4, and SW1/4; 

Sec. 14, NE1/4 NW1/4, NW1/4 NW1/4, SW1/4 NW1/4, W1/2 SE1/4 

NW1/4, W1/2 NE1/4 SW1/4, and NW1/4 SW1/4; 

Sec. 15, E1/2 NE1/4, and N1/2 SE1/4. 

COC-67232: 

Sixth Principal Meridian, Colorado T. 14 S., R. 90 W., 

Sec. II, SW1/4 NE1/4, W1/2 S1/4, and SE1/4 SE1/4; 

Sec. 14, NE1/4, E1/2 SE1/4 NW1/4, E1/2 NE1/4 SW1/4, S1/2 SW1/4, and 

SE1/4; Sec. 15, SE1/4 SE1/4; 

Sec. 22, E1/2 NE1/4; 

Sec. 23, NW1/4 NE1/4, and NW1/4. 
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These lands in Federal Leases COC-1362 and COC-67232 encompass 1,720 acres 

and are found on the United States Geological Service 7.5 minute Quadrangle map 

of Bowie, Somerset and Minnesota Pass, as shown in the map appended hereto as 

Attachment A.

3. The operator shall conduct coal development or mining operations only as described 

in the complete permit application package, and approved by the Colorado Division 

of Reclamation, Mining and Safety, except as otherwise directed in any conditions of 

this mining plan approval. 

4. The operator shall comply with the terms and conditions of the lease including all lease 

stipulations, this mining plan approval, and the requirements of Colorado Permit C1980-007 issued under the Colorado State Program, approved pursuant to the Surface 

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 

5. This mining plan approval shall be binding on any person conducting coal 

development or mining operations under the approved mining plan and shall remain 

in effect until superseded, canceled, or withdrawn. 

6. If, during mining operations, unidentified prehistoric resources are discovered, the 

operator shall ensure that the resources are not disturbed and shall notify the Colorado 

Division of Reclamation, Mining and Safety and the Office of Surface Mining 

Reclamation and Enforcement. The operator shall take such actions as are required by 

the Colorado Division of Reclamation, Mining and Safety in coordination with the 

Office of Surface Mining Reclamation and Enforcement.

7. The Secretary retains jurisdiction to modify or cancel this approval, as required, on the 

basis of further consultation with the U.S. Fish and Wildlife Service pursuant to section 

7 of the Endangered Species Act, as amended, 16 U.S.C. § 1531 et seq.

Attachment