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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 />August 24, 2009 <br />John McCulloch <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />RE: Technical Revision No. 16, (T R-16), Lorencito Mine, #C-96-084 <br />Dear Mr. McCulloch: <br />COLORADO <br />D I V I S ION 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 Division of Reclamation, Mining, and Safety (DRMS) has completed our adequacy <br />review of Technical Revision No. 16 (TR-16) to eliminate hydrologic monitoring at the <br />Lorencito Canyon Mine. Please respond to the question below as soon as possible. <br />1. Please revise permit text, beginning on page 2.05-105, to include a justification <br />and rationale for proposed permanent cessation of all DRMS surface and ground <br />water monitoring at the site. This justification should summarize water quantity <br />and quality data collected and reported over the period of record and include <br />comparison to baseline data as documented in the original permit application. <br />These data can be summarized, as appropriate, but should clearly support the <br />contention that mining has had minimal impact to the local hydrologic system, <br />within reasonable accuracy, as compared to the predicted consequences. The <br />discussion may also include discussion of other non-mining impacts to the <br />hydrologic system that may have altered quantity or quality in the general area, <br />such as coal-bed methane activities. <br />If you have any questions or concerns, please call me. <br />Since ely, <br />Ke t Gorham <br />Environmental Protection Specialist III <br />Cc: Ron Thompson, PPM <br />Bobby Steele, NECC <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines