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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 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 6, 2009 <br />Dept. of Natural Resources <br />Colorado Division of Wildlife <br />6060 Broadway <br />Denver, CO 80216 <br />Re: Proposed Decision <br />Permit Renewal Application No. 5 (RN-5) <br />New Elk Mine (Permit No. C-1981-012) <br />Dear Sir or Madam: <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Colorado Division of Reclamation, Mining and Safety is proposing to approve a renewal application for coal <br />mining and reclamation permit. The application was submitted by New Elk Coal Company, LLC on August 26, <br />2008 for the New Elk Mine. In accordance with Rule 2.08.5(3)(b) of the Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining, we are providing notice of this proposed decision. <br />Any person with an interest which may be adversely affected by the proposed decision may request a formal <br />hearing before the Mined Land Reclamation Board within 30 days of the first publication of the public notice by <br />the Division in the The Chronicle - News. <br />The underground mine is located approximately 25 miles west of Trinidad, Colorado. The permit area is further <br />described as follows: <br />T33S, R68W, Portions of Sections 24,25 and 26 <br />All sections are partially or fully projected by New Elk Coal Company due to the unsurveyed nature of the <br />Maxwell Land Grant. The above-mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of <br />Vigil, Tercio, and Stonewall. <br />Copies of the renewal application are available for public review in the Division offices at the above address and at <br />the Las Animas County Clerk and Recorder. A Copy of the Division's "Proposed Decision and Findings of <br />Compliance" is also available at those locations. <br />If you have any questions, please contact me. <br />Sincerely, <br />Kent A. Gorham <br />Environmental Protection Specialist <br />C-RN-16 C1981012 KAG 03062009024904.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines