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NEW ELK COAL <br />COMPANY <br />April 28, 2014 <br />Mr. Leigh Simmons <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: New Elk Mine Permit C- 1981 -012 <br />TR -69 - -RDA Ditch D -55 <br />Infraction Number: CV 2013 -009 <br />Dear Mr. Simmons: <br />RECEIVED <br />APR 2 9 2014 <br />Division of Reclamation, <br />Mining & Safety <br />The purpose of TR -69 is to further clarify the design criteria for the Refuse <br />Disposal Area Clean Water Diversion Ditch also known as Ditch D -55 and <br />document abatement of CV 2013 -009. <br />The original design for Pond 8, the Refuse Disposal Area, and the fresh water diversion <br />ditch was completed in the early 1980s by Waste, Water and Land, an Enginneering <br />Consulting firm. Their design, approved by, the Division of Minerals and Geology, <br />contemplated the Fresh Water Diversion Ditch as a temporary structure that would be <br />relocated up the RDA slope as the life of the Disposal Area advanced and and presented <br />design calculations for each advancing advancing level of ditch construction. These <br />designs can be found in Exhibit 20.The existing ditch was constructed in 1993 using this <br />approved design criteria. <br />122250 Hwy 12 I PHONE I (303) 300 -8708 <br />Weston, CO 81091 FAX ((719) 858 -0044 <br />E -MAIL gsmithn @newelkcoal.com <br />