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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 23, 2008 <br />Wayne Coverdale <br />New Elk Coal Company, LLC <br />136 W. Main Street <br />Trinidad, CO 80182 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Permit Expiration <br />Dear Mr. Coverdale: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The purpose of this letter, as required by Rule 2.08.5(2)(a) of the Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining, is to inform you that the five-year permit term for the New Elk Mine will <br />expire on February 28, 2009. In order to ensure that New Elk Coal Company, LLC may continue operating the'mine <br />beyond that date, a complete application for renewal of the permit must be received at least 180 days prior 'to its <br />expiration (Rule 2.08.5(3)(f)). Therefore, a complete application would be required on or before September 1, 2008. <br />Enclosed is a renewal application form which should be submitted with the following information, at a minimum, as <br />required by Rule 2.08.5(2)(b): <br />1. A statement of the name and address of the permittee, the term of the requested renewal, the permit <br />number, and a description of any changes to the matters set forth in the original application for a permit or <br />prior permit renewal; <br />2. A copy of the newspaper notice and proof of publication of same under Rule 2.07.3(2); and <br />3. Evidence that a liability insurance policy or adequate self-insurance under Rule 2.03.9 will be provided by <br />the applicant for the proposed period of renewal. <br />If you or your staff have questions or need additional information, please contact me. <br />Sinc ely, <br />Ke t A. Gorham <br />Environmental Protection Specialist <br />KAG/Jrc <br />Enclosure <br />_ _ . oC <br />Office of - Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines