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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 COLORADO <br />Phone: (303) 866-3567 ION OF <br />FAX: (303) 832-8106 RECLAMATION <br /> MINING <br /> <br /> SAFETY <br />December 12, 2008 <br /> Bill Ritter, Jr. <br /> <br />John McCulloch Governor <br /> <br />New Elk Coal Company <br />LLC Harris D. Sherman <br />E <br />i <br />, xecut <br />ve Director <br />122 West First Street <br /> Ronald W. Cattany <br />Trinidad, CO 80182 Division Director <br /> Natural Resource Trustee <br />Re: Golden Eagle Mine (Permit No. C-1981-013) <br />Permit Renewal Application No. 5 (RN-5) <br />Dear Mr. McCulloch: <br />We have received your application to renew your permit to conduct coal mining in Colorado. Our initial review <br />indicates that all preliminary items required by the Colorado Surface Coal Mining Reclamation Act, <br />Section 34-33-101 et seq., C.R.S., have been submitted. Thus, your renewal application has been considered <br />complete for the purposes of filing as of December 12, 2008. All review and comment periods as provided in the <br />Act and the Regulations initiate from this date of filing. <br />Unless notification to the contrary accompanies this letter, the proposed newspaper advertisement submitted with <br />the application has been found to be satisfactory. You should commence publication of this advertisement as <br />specified in Rule 2.07.3(2) of the Regulations. Proof of the publication of the advertisement must be filed with the <br />Division no later than four weeks after the last publication date. <br />Coincident with the initial publication, a copy of the renewal application, less confidential items, must be filed for <br />public inspection with the appropriate public office as specified by you in the notice. Any subsequent changes or <br />additions to the application must also be made in this copy, at the same time it is submitted to the Division. <br />The Division is currently reviewing your renewal application to determine whether the items you have submitted <br />are adequate in terms of meeting the requirements of the Act and Regulations. Additional information may be <br />required, and in accordance with the provisions of Section 34-33-118(5) of the Act, you will be notified no later <br />than February 10, 2009 should that be the case. <br />If you have any questions, please contact me. <br />Sincerely, <br />1 <br />Kent A. Gorham <br />Environmental Protection Specialist III <br />KAG/Ahd <br />cc: Ron Thompson, Peak Project Management, LLC <br />a temp -RN-o2 oc <br />Office of - - - Office of <br />Mined Land Reclamatinn Denver . Grand lunctinn . DuranLm Artiva anti Inar-tiva Minac