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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> November 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.2 <br /> Dear Mr.Cook, <br /> The Colorado Division of Reclamation,Mining and Safety(DRMS or Division)received a response to the Division's <br /> first adequacy from New Elk Coal Company LLC(NECC)on October 11,2021. The following is a list of adequacy <br /> review items originally identified in the Division's September 2,2021 adequacy review letter followed by a summary <br /> of NECC response. If an adequacy review issue has been resolved,it has been deleted from the list for simplicity; <br /> otherwise follow-up questions or adequacy items are identified. Also,additional or new issues may be identified as <br /> well. The Division is required to issue a proposed decision on the application by November 4,2021. The following <br /> adequacy review items will need to be addressed to the Division's satisfaction by the proposed decision date. If you <br /> need additional time to address these 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 /> a. NECC Response: Section 2.03.4 has been updated to comply with the revised rules. <br /> b. DRMS Response: This section was not revised to comply with the requirements or formatting of <br /> the rule. <br /> i. Per Rule 2.03.4(2)(b)please provides the name,address,telephone number and taxpayer <br /> identification number of any operator,if different from the applicant. <br /> ii. Per Rule 2.03.4(2)(c)please provides the name,address,telephone number and taxpayer <br /> identification number of applicants resident agent. <br /> In. Per Rule 2.03.4(2)(d)please provides the name,address,telephone number and taxpayer <br /> identification number of each business entity in the applicant's and operator's organizational <br /> structure,up to and including the ultimate parent entity of the applicant and operator;for <br /> every such business entity,the application shall also include the required information for <br /> every president,chief executive officer,and director(or other persons in similar positions) <br /> and every person who owns,of record, 10 percent or more of the entity. <br /> iv. NECC section 2.03.4(3)(a-c)does not reflect the required information/organization of Rule <br /> 2.03.4(3). Please revised section 2.03.4(3)of the permit to provide the information required <br /> under this respective rule. <br /> o�.c°lo <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 />