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New Elk Mine (C-1981-012) <br />Section V <br />REVIEW and DISCUSSION <br />This section consists of questions or comments raised as a result of the Division's review of the permit application, <br />related materials, and review of the reclamation cost estimate. Although allowed by Rule 2.08.3(3), the Division <br />will not require the operator to submit a technical revision responding to the topics identified below, and will <br />instead take the response to these matters as resolution to permitting concerns raised by DRMS staff in Permit <br />Renewal 6 (RN 6). Once RN 6 is approved, DRMS will consider the issues raised in MT 7 resolved. <br />Section 1.0 — Table of Contents <br />1. Please update the list of maps to reflect the maps that have been changed since TR -68 was issued, and the dates of <br />the currently approved maps. <br />Rule 2.03 Legal, Financial, Compliance and Related Information <br />Section 2.03.4 identifies interested parties. <br />2. Please verify that the ownership and control information and the list of neighboring surface and subsurface owners <br />are correct or update them as necessary. <br />3. Please also update section 2.03.4 to include reference to the Jansen Loadout. A textual reference to exhibit 40 may <br />be the simplest approach, however please ensure that either the text of this section or of the exhibit is updated to <br />clarify mineral ownership (as well as surface ownership) at the Jansen Loadout. <br />Section 2.03.5 contains a list of Notices of Violation (NOVs) associated with Cline Mining and NECC. Rule <br />2.03.5 requires that NOVs received within three years of the application date are included (for RN -06 the <br />application date is 8/26/2013, which means that contents of the list should be retained for now, since the earliest <br />violation listed was issued on 8/3/2011). <br />4. Please update the list to include citations issued by any regulating authority (including the Mine Safety and Health <br />Administration (MSHA), the Colorado Water Quality Control Division (WQCD) and the Colorado Division of Water <br />Resources (DWR)) since 8/26/2010. <br />Section 2.03. 10 identifies other licenses and permits, and refers to Table 2. <br />5. Please update Table 2 to show the recently renewed CDPS permit. Please also update Exhibit 22 with a copy of the <br />renewed permit. <br />Rule 2.04 — Information on Environmental Resources <br />6. Exhibit 14 was updated with the results of a recent soil survey, but the title page for the exhibit was not updated. <br />Please update the title page for Exhibit 14. <br />7. Exhibit 15 was updated with a letter from Cedar Creek Associates dated October 7, 2011, but the title page for the <br />exhibit was not updated. Please update the title page for Exhibit 15. <br />8. Table 10 gives an inventory of groundwater users, and Table 11 (on page 2.04-23) gives a summary of groundwater <br />users within one mile of the permit boundary. Please verify the information and update the tables if necessary. <br />9. Two tables are entitled Table 11; one on page 2.04-23 (Summary of Groundwater Users/Access Points within One <br />Mile of the Permit Boundary) and another on page 2.04-26 (Preliminary Spring/Seep Locations). Please address this <br />discrepancy. <br />Rule 2.05 — Operation and Reclamation Plans <br />10. Exhibit 19 contains sediment design specifications. The exhibit is extensive and has been frequently updated. Please <br />update the Table of Contents for Exhibit 19. <br />11. The pagination of section 2.05 was corrupted by TR -68, which revised a large section, but not all, of the text. <br />Currently section 2.05 comprises 157 pages which are numbered as follows: <br />New Elk Mine C1981 012 Mid Term 7 Page 11 <br />Date: August 2016 Prepared by: R. Reilley File location: M:\Coal\Findings <br />