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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> April 21, 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 /> Fourth Notice of Incomplete Application <br /> Dear Mr.Gray, <br /> On April 19, 2022 the Colorado Division of Reclamation, Mining and Safety(DRMS or Division) received New <br /> Elk Coal Company, LLC's(NECC) resubmittal of TR76, in response to the Division's third notice of the receipt <br /> of an incomplete application letter dated March 30, 2022. The Division has reviewed the revised application <br /> material and has found the application remains incomplete. The original items cited in the Division's March <br /> 30, 2022 letter are listed below,followed by NECC response. Additional clarification and/or questions are <br /> then identified. Please address the following items: <br /> Application Form: <br /> 1. The application form indicates this 4.91 acre area is private land; however, DRMS was under the <br /> impression based on conversations with NECC and previous submittals that the area in question <br /> was located on land owned by the State of Colorado and that NECC has an easement for this <br /> area. Please confirm and/or revise the application form accordingly. <br /> a. NECC Response:The 4.91 acre area is on private land and owned by NECC. We have <br /> updated Exhibit 34—Right of Entry that provides the quitclaim deed. <br /> b. DRSM Response: It seems NECC derived the 4.91 acre increase in permit and affected <br /> area by taking the width of the road (15 feet) and multiplying it by the length of the road <br /> (2.7 miles)to calculate this acreage. However, a portion of the proposed haul road <br /> length is already within the permit area and affected area boundaries currently <br /> approved. So a portion of the 4.91 acre area may overlap already approved <br /> permit/affected land. Also,this area may not encompass all of the land associated with <br /> the right-of-way of the road outside the current approved permit boundary. Please see <br /> item #3 below and define a detailed and accurate increase in permit/affected area. The <br /> increase in permit area should include all the area of the proposed road outside of the <br /> current permit boundary. This area should include the entire area within the right-of- <br /> way, including the roadbed, shoulders, parking, and side areas, approach structures, <br /> ditches, surface, and such contiguous appendages as are necessary for the total <br /> structure per rule 1.04(111). <br /> o� 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.colorado.gov <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director I <br /> x <br /> *1876* <br />