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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 18, 2008 <br />John McCulloch <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 80182 <br />Re: Golden Eagle Mine (Permit No. C-1981-013) <br />Bond Release Application No. 6 (SL-6) <br />Dear Mr. McCulloch: <br />COLORADO <br />D I V I S I O N 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 />In accordance with Rule 3.03.2(5)(b) of the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Rules), you are hereby notified that the Division's decision to <br />Approve Bond Release Application No. 6 for the Golden Eagle Mine became final on October 6, 2008. <br />No requests for an adjudicatory hearing on our proposed decision were received. Concurrence from <br />the OSM was received by the Division on November 17, 2008. <br />Bond Release No. 6 reduces your reclamation liability by $69,793.49. The current liability is now <br />$72,099.00. If you choose to reduce or replace your existing bond, it must equal or exceed $72,099.00. <br />The Division suggests you provide a copy of this letter, the OSM concurrence letter dated November <br />13, 2008, and the BLM concurrence memorandum dated September 5, 2008 to your bonding company <br />for written evidence for approval to reduce your bond. Please find these documents attached. <br />If you have questions or need additional information, please contact me. <br />Sincerely, <br />Kent A. Gorham <br />Environmental Protection Specialist III <br />KAG/Ahd <br />cc: Johanna R. Cramer, CDMG <br />Ron Thompson, Peak Project Management, LLC <br />Enclosures <br />M:\OSS\ahd\temp\C-SL-18_C1981013 KAG_10082008111451.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines