2014-03-05_REVISION - C1996084

• Permit No: C1996084
• IBM Index Class Name: Revision
• Doc Date: 3/5/2014
• Doc Name: Response Letter ‎(Emailed & Mailed)‎
• From: DRMS
• To: New Elk Coal Company
• Type & Sequence: RN3
• Email Name: LDS
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
COLORADO
D I V I S 16 N OF
RECLAMATION
MINING
SAFETY
March 5, 2014
John W. Hickenlooper
Governor
Louis Head
Mike King
Executive Director
New Elk Coal Company, LLC
12250 Highway 12
Loretta E. Pineda
Director
Weston, CO 81091
Re: Lorencito Canyon Mine (Permit No. C- 1996 -084)
Permit Renewal No. 3, (RN3)
Dear Mr. Head:
The Colorado Division of Reclamation, Mining and Safety (Division) received your letter of February
28, 2014 which enclosed a list of officers related to the Lorencito Canyon, New Elk and Golden Eagle
mine sites.
The ownership and control information must be incorporated into the respective mine permits by way of
a revision to the permit. At Lorencito Canyon this has been a pressing issue, since Permit Renewal 3
(RN3) cannot be approved until: (1) the ownership and information is brought up to date, and; (2) the
list of officers and controllers is checked against the Applicant Violator System (AVS) database. If the
AVS check reveals any inconsistencies they must also be accounted for.
New Elk Coal Comnanv (NECC) must reauest an extension to the Drobosed decision date for RN3 to
allow time for these administrative procedures. The proposed decision date was February 28, 2014,
which has passed. NECC must extend the decision date or the Division will consider a deny decision,
which in this case may result in revocation of the permit. An extension of 30 days should be ample time
to complete the remaining tasks.
In order to achieve objectives (1) and (2), as listed above, NECC should:
• Revise pages 2.03 -3 and -4 with the current information. The format of the page should
be preserved, with footer information updated to reflect the date of the change and the
permitting action (RN3). Other information on the page should also be preserved, since
the new page will replace the old one in the permit.
• Provide a list of employment end dates for recent officers and directors will help to
deal with many of the problems that are likely to be brought up by the AVS query. The
list can just be in the text of a reply to this letter. Greg Smith had done much of this
work in December. For reference the names and dates he compiled are copied below.
As you can see, end dates for Alana Kelcey and John McCulloch are missing from this
list and must be included. Furthermore, the list may no longer be complete — Mark
Haywood, at least, should be added with his title and start/end dates.
Provide an outline of the corporate structure; it maybe unnecessary to include
information about the directorship of North Central Energy Company if it is wholly
owned by NECC.
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Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines