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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 C O L O R A D O <br />D I V I S ION OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br /> <br />April 13, 2010 Bill Ritter, Jr. <br /> Governor <br />Janet Kieler James B. Martin <br /> Executive Director <br />Colorado Department of Health <br />Water Quality Control Division Permit Section Loretta E. Pineda <br /> Director <br />4300 Cherry Creek Drive South <br />Denver, CO 80222-1530 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Technical Revision Application No. 52 (TR-52) <br />Temporary Development Waste Storage <br />Dear Ms. Kieler: <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 April 9, 2010, an application to revise coal mining operations at the New <br />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 proposed revision request approval for temporary storage of development waste on previously disturbed areas. The <br />Volume of Material will be limited and final disposition will be in a permanent pile reviewed and approved by the Division in <br />the near future. <br />The underground coal mining operation is on land located approximately 25 miles West of Trinidad, Colorado. The permit <br />area is further '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 Maxwell Land <br />Grant. The above-mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of Vigil, Tercio, and <br />Stonewall. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Abarr. <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 <br />Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082, and at the Division office. For additional <br />information or to provide written comments, contact the Division of Reclamation, Mining and Safety, Room 215, <br />1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. In order for us to comply with regulatory time frames, we <br />request that comments be submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed <br />on the assumption that you have no concerns with, or objections to, the applicant's proposal. <br />Sincerel <br />Kent A. Gorham. <br />Environmental Protection Specialist <br />KAG/Ahd <br />Office of Office of <br />Min"93' IVY 041 3201 0 1 1I323.doc Denver • Grand Junction • Durango Active and Inactive Mines