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COLORADO <br />Division of Reclamation, <br />Mining( and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Louis Head <br />New Elk Coal Company, LLC <br />12250 Hwy 12 <br />Weston, CO 81019 <br />February 11, 2016 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Permit Renewal 6, (RN -06) <br />Third Adequacy Letter <br />Dear Mr. Head: <br />This letter lists additional issues that the Division requires to be addressed in order for the permit <br />to be renewed (in addition to the 16 items sent to you already). No separate permitting action will <br />be needed to address these issues; pages that are revised in response to this letter should be <br />submitted with "RN -06" in the footer information. <br />NECC needs to rectify the following issues with text, tables, or maps in the PAP: <br />17. The page numbers in the Table of Contents needs to be updated to match the body of the report. <br />18. Page 2.05-89 in the PAP discusses water rights related to groundwater. It is unclear to the <br />Division if/where surface water rights are discussed. <br />19. It is unclear to the Division where the PAP explains the NECC process for monitoring sediment <br />levels in ponds. This is highly important and should be clearly described. <br />20. Please identify the portion of the PAP that discusses containment areas. This includes <br />containment areas 1 and 2. Also, it appears that areas 1 and 2 are on Map 14, but they are not <br />labeled. <br />21. Regarding subsidence monitoring, please update the PAP to reflect the current conditions. <br />22. Culvert C5 on Map 13 (just east of the Soil Storage Area) appears to be mislabeled on the map, or <br />there is an error in Table 21 of the PAP. This culvert is actually 60 inches in diameter, but C5 in <br />the table has a diameter of 12 inches. C6 in the table has a diameter of 60 inches. In this same <br />area, culvert C78 is listed in the table (and shown on Map 13), but there is apparently a ditch in <br />this location rather than a pipe. <br />23. Culvert C14 is a 36" CMP. It is unclear why it is not listed in Table 21. <br />24. Culverts C 17B and C 17C no longer exist, but they are on Map 13. Also on this map, it should be <br />shown that culvert C 17 extends to C 19. <br />25. Culvert C19 needs to be added to Map 13. <br />26. Culvert C64 appears to be longer than shown on Map 13. <br />27. Ditches D15, D32, D32A, and D32B are all three feet deep or more, and all appear to be much <br />larger than the specification (Table 20 in the PAP). <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor Mike King, Executive Director Virginia Brannon, Director <br />