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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 />August 28, 2008 <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 />Dan Prenzlow <br />SE Regional Wildlife Manager <br />Colorado Division of Wildlife <br />SE Regional Service Center <br />4255 Sinton Rd. <br />Colorado Springs, CO 80907-4233 <br />RE: New Elk Mine (Permit No. C-1981-012) <br />Permit Renewal Application No. 5 (RN-5) <br />Dear Mr. Prenzlow: <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, <br />Section 1 18, Paragraph 3, of the Colorado Revised Statutes, that on August 28, 2008, an application to renew an <br />existing permit to conduct coal mining operations at the New Elk Mine was considered complete for the purposes <br />of filing. All review and comment periods as provided in the Colorado Surface Mining Reclamation Act and the <br />Rules initiate from this date of filing. <br />The New Elk Mine is currently inactive with only maintenance, monitoring, and infrequent reclamation <br />occurring as needed. Should the operation desire to resume activities, a permit revision will be required. <br />The underground mine is located approximately 25 miles west of Trinidad, Colorado. The permit area is further <br />described as follows: T33S, R68W, Portions of Sections 24, 25 and 26. All sections are partially or fully <br />projected by New Elk Coal Company due to the unsurveyed nature of the Maxwell Land Grant. The <br />above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Vigil. <br />The above referenced permit renewal application will not incorporate additional lands into the permit area nor <br />otherwise alter previously approved permit conditions or mitigation measures. <br />In order for us to comply with regulatory time frames, we request that comments be submitted to the Division of <br />Reclamation, Mining and Safety at the above address by October 27, 2008. If no comments are received by this <br />date, we will proceed on the assumption that your agency has no concerns with or objections to the applicant's <br />proposal. <br />Sincer ly, <br />e 4t A. Gorham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines