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NEW ELK COAL <br />COMPANY <br />May 18, 2016 <br />Rob Zuber <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St. <br />Denver, CO 80203 <br />Re: New Elk Mine Permit No.: C-1981-012 <br />Permit Renewal 6 (RN -06) <br />Response to Third Adequacy Review <br />Dear Mr. Zuber: <br />RF-CeI E -D <br />MAY � ®2016 <br />DNOOtd OF RECLPMATVA <br />M1tQAG PND SAFETY <br />This response consists of comments regarding and addressing issues 17-29 <br />identified by Rob Zuber. Where appropriate or required changes to the permit <br />are referenced and submitted as attachments to this letter. <br />17.The Table of contents has been updated reflect changes in pagination <br />resulting from TR -68 and RN -6. <br />18. Page 2.05-103 (formerly 2.05-89) has been revised to address surface water <br />rights and lease of surface water rights by NECC for mine use. <br />19. Page 2.05-29 has been revised to add a statement regarding sediment pond inspections <br />and maintenance. <br />20. Page 2.05-29 has been revised to reference Exhibit 19 containing design criteria for <br />containment basins and the as -built drawings and stage storage curves found in <br />Exhibit 32. <br />12250 Hwy 12I PHONE (719) 859-0111 <br />Weston, CO 81091 FAX ((719) 868-0044 <br />E-MAIL ronthompson@newelkcoal.com <br />