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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 />November 14, 2008 <br />John McCulloch <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />Re: Permit Issuance <br />Permit Renewal Application No. 2 (RN-2) <br />Lorencito Canyon Mine (Permit No. C-1996-084) <br />Dear Mr. McCulloch: <br />COLORADO <br />D I V 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 />Enclosed you will find two signed Colorado Division of Reclamation, Mining and Safety Mining Permit <br />documents. An authorized representative of New Elk Coal Company, LLC needs to sign both documents <br />and have them notarized. One must be returned to the Division at the above address; the other must be <br />kept on file at the mine office. <br />Please be aware that issuance of the permit renewal will initiate time frames of any enclosed stipulations <br />to the permit. Stipulations are enclosed in a rider to the permit, if any were imposed upon the permit. All <br />other enclosed commitments are also in effect as of the permit issuance. <br />If you have any questions, please contact me. <br />Sincerely, <br />Kent A. Gorham <br />Environmental Protection Specialist <br />KAG/Jrc <br />Enclosures <br />cc: Ron Thompson, Peak Project Management, LLC <br />C-RN-17 C1996084 KAG 11142008033021.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines