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Peak Project Management, LLC <br />34115 County Road 20.8 <br />Trinidad, CO 81082 <br />Telephone/Fax: (719) 846-4975 <br />Cell: (719) 859-0111 <br />e-mail: ronthompson~sensonics.org <br />August 15, 2006 <br />Mr. Kent Gorham <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: New Elk Mine Permit No.: C-81-O12 <br />Bond Release Request (SL-02) <br />Response to Adequacy Review <br />Dear Mr. Gorham: <br />RECEIVED <br />AUG 17 2006 <br />Division ofa d S ety n, <br />Mining <br />New Elk Coal Company has reviewed the Division's Adequacy Review of the Surety Release Request (SL- <br />02) submitted April 12, 2005 and subsequently deemed complete by the Division on June 9, 2005. NECC <br />appreciates the Division's review of the Surety Release Request and Annual Reclamation Reports for 2004 <br />and 2005 to insure consistency in reporting nomenclature and acreages. The following comments are in <br />response [o the Division Adequacy letter. <br />1. The Grasshopper conveyors were never installed onto footers and have been sold and removed <br />from the site. The bonding amount of $22,652.00 has been moved to Schedule I for Activities <br />Approved but never implemented (TR-39). <br />2. The bond amounts have been updated to the current bond amount after the Surety Increase Process <br />(SI-Ol). This resulted in a bond reduction request of $113,26'7.22 consistent with the Division's <br />calculations. <br />The Unit Train Loadout and the East Portal Hoist House have been removed from the requested bond <br />release since backfilling and grading has not been completed. NECC assumes that, with the anticipated re- <br />opening of the New Elk Mine and Processing and Loadout facilities, new construction may likely occur in <br />these aeeas. NECC further assumes that the existing bond amounts (for structures already removed) will be <br />available as a "credit" against any future bonding requirements for new facilities within these areas. <br />Minor Adjustments to Acreages and Terminology: <br />3. The WP Garage and West Portal Oil House are names that have been applied to the same identical <br />structure (Map Code 15). The Bond Release Request refers to the WP Garage as does Map ARR- <br />2. The table submitted with ARR-2005 has been revised to list the facility as WP Garage. <br />4. Map code 2 is the Powder and Cap House location and is shown as such on Maps 2005 ARR-2 and <br />SL-2, and the table submitted with ARR-2005. The term "Phantom Warehouse" is a reference to <br />a small wooden pre-law warehouse facility that was removed prior to the early 1980's. M <br />impression or outline of this structure is visible on Map SL-2 within the area of Map Code 3 at the <br />extreme right margin of the map. Acreage for this area is included with the Crehouse facility. <br />Map code IS is the West Portal Pumphouse. It is shown as Map Code 18 on maps SL-2 and 2005 <br />ARR-2. The table submitted with 2005 ARR and the bond release have been revised to show an <br />