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