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2. Please review and update, if necessary, Exhibit 35 regarding landowner desires to <br />retain the railroad track and associated road. <br />Please defer this issue to the future permit revision. <br />3. The Upland Wildlife Reference Area for the New Elk Mine is located within the former <br />Golden Eagle Mine permit area. How will New Elk Coal Company ensure the integrity <br />of this area from disturbance by others? <br />Please defer this issue to the future permit revision. <br />4. Please review and update permit text beginning on page 2.05-1 regarding the current <br />status of the New Elk Mine. <br />We have no further questions at this time. <br />5. Please review and update permit text beginning on page 2.05-5 regarding the <br />operation plan within the permit area. <br />We have no further questions at this time. <br />6. Please review page 2.05-20 (Table 24) regarding the soil balance for the Refuse <br />Disposal Area. Although operations may resume in the future that would allow the <br />refuse pile to be constructed and reclaimed according to the current plan, please <br />consider how reclamation would occur should the operation be permanently closed. <br />Details regarding cover materials, volumes necessary, location, topsoil resources, etc. <br />should be proposed for an interim reclamation scenario. <br />Please defer this issue to the future permit revision. <br />This concludes our review of NECC responses. Please submit the requested information <br />considering the extended due date. If you have any questions, please contact me. <br />Since ply, <br />Kent A. Gorham <br />Environmental Protection Specialist III