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AVCOLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />February 28, 2017 <br />Louis Head <br />New Elk Coal Company, LLC <br />12250 Highway 12 <br />Weston, CO 81091 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Surety Increase No. 2 (SI -2) <br />Dear Mr. Head: <br />This letter, in accordance with Rule 3.02.2(4)(a) of the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, is to inform you that the Division has issued a proposed decision to <br />withdraw Surety Increase No. 2 (SI -2) for the New Elk Mine. Enclosed is the Division's decision form and <br />written findings. Notice of the proposed decision will be published in the The Chronicle - News, as soon as <br />possible. Publication of the notice initiates a thirty -day public comment period. If there are no requests for an <br />adjudicatory hearing within the thirty days, the decision will become final. <br />You have the opportunity for an informal conference and the right to an adjudicatory hearing as outlined under <br />Rule 3.02.2(4). If you have questions or are in need of additional information, please contact me. <br />Sincerely, <br />Robert D. Zuber, P.E. <br />Environmental Protection Specialist II <br />Enclosures <br />cc: Ron Thompson, New Elk Coal Company, LLC <br />C -SI -03 <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 I Robert W. Randall, Executive Director I Virginia Brannon, Director <br />