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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 />April 27, 2009 <br />John McCullough <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Final Decision <br />Permit Renewal No. 5 (RN-05) <br />Dear Mr. McCullough: <br />COLORADO <br />D I V IS 10 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 public comment period for Permit Renewal No. 5 (RN-05) for the New Elk Mine ended at 5:00 pm <br />April 13, 2009. No comments were received by the Division. Therefore, our decision is final as of that date. <br />Currently, the Division holds a reclamation bond (letter of credit) in the amount of $2,744,969.00 from <br />Wells Fargo Bank. Before we can issue your renewed permit, we must receive and approve a bond or bond <br />rider totaling $2,847,372.00. Please be advised, this total does not include any increase as a result of the <br />recent approval of Technical Revision No. 50 (TR-50). Including TR-50, the required bond amount to be <br />held by the Division is $ 2,944,633.00. <br />If you have questions or need additional information, please contact me. <br />Sincerely, <br />9 <br />Ken A. Gorham <br />Environmental Protection Specialist III <br />CC: Ron Thompson, Peak Project Management <br />Office of <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines