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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />September 2, 2021 <br />New Elk Coal Company, LLC. <br />Attn: Larry Cook <br />12250 Highway 12 <br />Weston, Colorado 81091 <br />RE: New Elk Mine, C-1981-012, Permit Revision No. 5, Adequacy Review No. 1 <br />Dear Mr. Cook, <br />The Colorado Division of Reclamation, Mining and Safety (DRMS or Division) received Permit Revision no. 5 (PR5) <br />on June 24, 2021, and deemed the application complete and filed on July 7, 2021. The Division is required to issue a <br />proposed decision on the application by November 4, 2021. The following adequacy review items will need to be <br />addressed to the Division's satisfaction by the proposed decision date. If you need additional time to address these <br />items please request an extension of the decision date. <br />Rule 2.03.4 — Identification of Interests <br />1. The Coal Regulations were recently revised in 2020. Included with this revision was Section 2.03.4. Please <br />revise the Permit Application Package (PAP) section 2.03.4 to comply with the revised rules. <br />2. On proposed revised page 5 of this section, after subpart (e) please add a section that provides the information <br />required for Rule 2.03.4(4) pertaining to the Lorencito Mine (Permit No. C-1996-084) also held by the New <br />Elk Coal Company, LLC. (NECC). <br />3. It appears proposed revised pages 5 through 8 were submitted to address sections 2.03.4(6) and (7). In keeping <br />with the formatting of the remainder of this section of the permit, please add a heading indicating this <br />information pertains to those section of the rule. <br />4. Proposed Revised Page 5 makes the following statement, "There are no outstanding interests in lands, options, <br />or pending bids on interest held or made by NECC for lands which, are contiguous to the area covered by <br />the permit." It appears this statement is in response to Section 2.03.4(9). In keeping with the formatting of <br />the remainder of this section of the permit, please add a heading indicating this information pertains to those <br />section of the rule. <br />5. The date, PE#, and signature of the person who prepared the Maps 1, 2, 3, is missing or not provided. Please <br />submit updated maps with this information. <br />6. Based on Allegiance Coal's website, Amon Mahon is a Director of New Elk Coal Company, LLC and Chief <br />Operating Officer. Amon Mahon was not included in the list of Officers and Directors. Please clarify this <br />discrepancy. Please add Amon Mahon to the list of Officers and Directors if necessary. <br />Rule 2.03.5 — Compliance Information <br />7. The Coal Regulations were recently revised in 2020. Included with this revision was Section 2.03.5. Please <br />revise the PAP section 2.03.5 to comply with the revised rules. <br />a� C°Y <br />�w = <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://drms.colorado.gov/ �� ' •, <br />Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director I <br />