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COLORADO
<br /> Division of Reclamation,
<br /> Mining and Safety
<br /> Department of Natural Resources
<br /> February 3, 2022
<br /> Mark Gray
<br /> New Elk Coal Company, LLC.
<br /> 12250 State Highway 12
<br /> Weston,Colorado 81091
<br /> RE: New Elk Mine,C-1981-012,Technical Revision No.76(TR76)
<br /> Second Notice of Incomplete Application
<br /> Dear Mr.Gray,
<br /> On January 28, 2022 the Colorado Division of Reclamation, Mining and Safety(DRMS or Division) received
<br /> New Elk Coal Company, LLC's (NECC) resubmittal of TR76, in response to the Division's first notice of the
<br /> receipt of an incomplete application letter dated November 3, 2021. Overall,the resubmittal of TR76 is not
<br /> substantially different than the original application,with the exception of the inclusion of a map dated
<br /> 11/12/2021 and titled "New Elk Mine Proposed Access Road", and a draft of an Memorandum of
<br /> Understanding(MOU) between NECC and the Division of Parks and Wildlife and the Parks and Wildlife
<br /> Commission.The narrative description of the revision states that TR76 revises an access road to a haul road,
<br /> and proves the haul road enters a public way.
<br /> Based on a review of the 11/12/2021 map and the MOU, NECC is proposing to haul coal along the proposed
<br /> new section of haul road south of Pond 007a then along the route identified as a green line on the
<br /> 11/12/2021 map. As defined in Rule 1.04(111),a "Road" means"a surface right-of-way for purposes of
<br /> travel by land vehicles used in coal exploration or surface coal mining and reclamation operations.A road
<br /> consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side area,
<br /> approach structures,ditches,surface, and such contiguous appendages as are necessary for the total
<br /> structure.The term does not include public roads, ramps,and routes of travel within or adjacent to the
<br /> immediate mining pit area or within spoil or coal mine waste disposal areas." As defined by Rule 1.04
<br /> (111)(d), a"public road," means"a street, road,or highway,and any related structure,that has been or will
<br /> be built and maintained with appropriated funds of the United States;that has been or will be built and
<br /> maintained with appropriated funds of the state of Colorado or any political subdivision thereof or that has
<br /> been acquired by eminent domain or adverse use by the public,jurisdiction having been assumed by the
<br /> state or any political subdivision thereof,that has been or will be dedicated to public use;and which meets
<br /> road construction standards for other public roads of the same classification in the local jurisdiction." As
<br /> defined by Rule 1.04(111)(a) a"haul road" means" any road used for the transportation of coal,spoil or
<br /> coal mine waste."
<br /> At the writing of this letter, NECC has not provided evidence the entire haul road route shown on the
<br /> 11/12/2021 map is a public road, and it is clear that NECC is planning to use this route as a haul road. Given
<br /> this,the haul road route is part of the surface coal mining operation in accordance with Rule 1.04(132)and
<br /> NECC needs to include the entire haul road route within the affected area, disturbed area,and within the
<br /> of co.
<br /> Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106
<br /> Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.co[orado.gov
<br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director I
<br /> *l876
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