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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 />Assistant State Supervisor <br />Fish And Wildlife Enhancement <br />U.S. Fish And Wildlife Service <br />764 Horizon Drive, South Annex A <br />Grand Junction, Co 81506 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Permit Renewal Application No. 5 (RN-5) <br />Dear Sir or Madam: <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 Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 118, <br />Paragraph 3, of the Colorado Revised Statutes, that on August 28, 2008, an application to renew an existing permit to conduct <br />coal mining operations at the New Elk Mine was considered complete for the purposes of filing. All review and comment periods <br />as provided in the Colorado Surface Mining Reclamation Act and the Rules initiate from this date of filing. <br />The New Elk Mine is currently inactive with only maintenance, monitoring, and infrequent reclamation occurring as needed. <br />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 described as <br />follows: <br />T33S, R68W, Portions of Sections 24, 25 and 26. All sections are partially or fully projected by New Elk Coal Company due to <br />the unsurveyed nature of the Maxwell Land Grant. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Vigil. <br />No additional surface disturbance is proposed as a result of this revision application. As a result, the Division does not anticipate_ <br />additional impacts to wildlife. - -- - <br />The applicant is required to publish notice in the The Chronicle - News that this permit renewal application has been deemed <br />complete. At the time of publication of this notice, the applicant is additionally required to place a copy of this application at the <br />Las Animas County Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082, and at the Division office. For <br />additional information or to provide written comments, or request an informal conference, contact the Division of Reclamation, <br />Mining and Safety, 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. In order for us to comply with <br />regulatory time frames, we request that comments be submitted within thirty (30) days of the last publication mentioned above. <br />Please contact me at the telephone number above if you have questions. <br />Sincere , <br />Kent A. Gorham <br />Environmental Protection Specialist <br />C-RN-05C_C 1981012_KAG_08282008040727.doc <br />Office of <br />Mined Land Reclamation Office <br />Denver Grand Junction Durango Active and Inar•ti <br />tiva MinPc