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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 COLOR-ADO <br /> <br />Phone: (303) 866-3567 D I V I S I O N OF <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> - a- <br /> SAFETY <br />March 6, 2009 Bill Ritter, Jr <br />Governor <br />Harris D. Sherman <br />John McCulloch Executive Director <br />New Elk Coal Company, LLC Ronald W. Cattany <br />Division Director <br />122 West First Street Natural Resource Trustee <br />Trinidad, CO 80182 <br />Re: Proposed Decision <br />Permit Renewal Application No. 5 (RN-5) <br />New Elk Mine (Permit No. C-1981-012) <br />Dear Mr. McCulloch: <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision Package for <br />Permit Renewal No. 5 at the New Elk Mine. Notice of the proposed decision will be published in the The <br />Chronicle - News as soon as possible. The first publication will initiate the thirty (30) day public <br />comment period for the Division's decision. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the <br />Revised Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond <br />that equals or exceeds the Revised Liability. The permit will not be issued until the Division has received <br />and approved the bond. <br />If you have any questions, please contact me. <br />Sincerely, <br />Kent A. Gorham <br />Environmental Protection Specialist <br />KAG/Jrc <br />Enclosure <br />cc: Ron Thompson, Peak Project Management, LLC, with enclosure <br />C-RN-10 C1981012 KAG 03062009024907.doc <br />. Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines