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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />October 22, 2021 <br />New Elk Coal Company LLC <br />Attn: Larry Cook <br />12250 State Highway 12 <br />Weston, Colorado 81091 <br />RE: Minor Revision No.128. (MR128), Adequacy Review No.1 <br />Dear Mr. Cook, <br />The Colorado Division of Reclamation, Mining and Safety (DRMS of Division) received MR128 on October 15, <br />2021. The application was deemed complete and filed for review on October 19, 2021. The Division is required to <br />issue a decision on the application on October 29, 2021. The following adequacy review items will need to be <br />addressed prior to the decision date. If you need additional time to address these items please request an extension of <br />the decision date. The Division acknowledges that a number of the items noted in the Midterm Review No. 8 (MT8) <br />document are being addressed by New Elk Coal Company LLC (NECC) through the Permit Revision No. 5 (PR5) <br />application currently under review. Regarding the remainder of the MR128 application, please address the following <br />items: <br />Rule 2.05.2 — Operations Plan — Estimated Area for Life of Operation <br />Proposed revised Map 3 depicts the permit boundary as the boundary currently proposed with Permit <br />Revision No. 5 (PR5) that has not been approved and issued by DRMS. Please revise Map 3 to depict the <br />currently approved permit boundary. <br />2. Map 3, the Blue Mine Plan Map, currently shows an 18 year mining plan. Permit Renewal No. 7 approved <br />the current five year permit term that will expire on February 28, 2024. The proposed Map 3 submitted with <br />MR128 shows a 13+ year mine plan. Both the current and the proposed Map 3 do not comply with Rule <br />2.05.2(2), in that they do not identify each area of land for which it is anticipated a new, separate, five-year <br />permit will be obtained and a performance bond will be posted throughout the operation. Please revise Map 3 <br />to identify which area will be mined for the remainder of the current permit term and then identify the areas <br />that NECC anticipates will be mined in separate five-year permit terms. <br />3. No area can be affected outside of the approved permit boundary. Please revise Map 3 so the mine workings <br />are located within the currently approved permit boundary. <br />4. Map 3 must be prepared by or under the direction of, and certified by, a qualified registered professional <br />engineer or professional geologist, with assistance from experts in related fields such as land surveying and <br />landscape architecture in accordance with Rule 2.10.3(2). Please submit a certified copy of Map 3. <br />o� C°? <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 />