2009-02-09_REVISION - C1981012 (2)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 COLORADO Phone: (303) 866-3567 DIVISION O F RECLAMATION FAX: (303) 832-8106 MINING February 9, 2009 SAFETY Dan Prenzlow Bill Ritter, Jr. SE Regional Wildlife Manager Governor Colorado Division of Wildlife Harris D. Sherman 4255 Sinton Rd. Executive Director Colorado Springs, CO 80907-4233 Ronald W. Cattany Division Director Re: New Elk Mine (Permit No. C-1981-012) Natural Resource Trustee Technical Revision Application No. 50 (TR-50) Incidental Boundary Change Dear Mr. Prenzlow: The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, Paragraph 4, of the Colorado Revised Statutes, that on February 9, 2009, an application to revise coal mining operations at the New Elk Mine was considered complete for the purposes of filing. The revision was submitted by New Elk Coal Company, LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. The applicant is proposing to add the two, existing Apache Canyon ventilation shafts into the permit area. Due to the remote nature of these two currently capped ventilation shafts, the permit boundary must be expanded by 686 acres. The shafts will be intake air only and no facilities or power are required at either location. No new disturbed areas are proposed. The shafts, when opened, will be covered with a metal grate and fenced with a locked gate to prevent access by people or wildlife. A copy of Map 3 Mine Plan is enclosed for reference. The underground coal mining operation is on land located approximately 25 miles West of Trinidad, Colorado. The permit area is further described as follows: T33S, R68W, Portions of Sections 24, 25 and 26. All sections are partially or fully projected by New Elk Coal Company due to the unsurveyed nature of the Maxwell Land Grant. The above-mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of Vigil, Tercio, and Stonewall. The applicant is required to publish notice in a local newspaper that this application has been deemed complete. At the time of publication of this notice, the applicant is additionally required to place a copy of this application at the Las Animas County Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082, and at the Division office. For additional information or to provide written comments, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. In order for us to comply with regulatory time frames, we request that comments be submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed on the assumption that you have no concerns with, or objections to, the applicant's proposal. sincerel , Kent A. Gorham Environmental Protection Specialist M:\oss\AHD\temp\C-TR-03B_C 1981012_KAG_02092009112205.doc Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines