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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 />Phone: (303) 866-3567 D I V I S I O N O F <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />May 5 <br />2010 <br />y Bill Ritter, Jr. <br />, <br />, Governor <br /> James B. Martin <br /> Executive Director <br />Ron Thompson <br />Mine Superintendent <br />, Loretta E. Pineda <br />New Elk Coal Company Director <br />122 West First Street <br />Trinidad, CO 81082 <br />RE: Incompleteness Letter, Technical Revision TR-53 (New Underground Development Waste Pile) <br />New Elk Coal Company, The New Elk Mine <br />CDRMS Permit No.: C-1981-012 <br />Dear Mr. Thompson: <br />The Division received the application for Technical Revision TR-53 for the New Elk Mine on May 5, 2010. The <br />Division has found this application Incomplete. Please provide the following items/information so that the <br />application may be considered Complete: <br />1. A general plan of the Pond Silt/Underground Development Waste Pile (Waste Pile) that is prepared <br />by, or under the direction of, and certified by a qualified registered professional engineer, or by a <br />professional geologist with assistance from experts in related fields such as surveying and landscape <br />architecture (Rules 2.05.3(8)(a); 2.05.3(8)(a)(i)(A); 4.10.1(1)(a); 4.09.1(2)) <br />2. A detailed designed plan of the Pond Silt/Underground Development Waste Pile that is prepared by, <br />or under the direction of, and certified by a qualified registered professional engineer using <br />recognized professional standards with assistance from experts in related field such as geology, land <br />surveying, and landscape architecture (Rules 2.05.3(8)(a); 2.05.3(8)(a)(ii)(A); 4.10.1(1)(a); 4.09.1(2)). <br />3. A demonstration that the Waste Pile has been designed so as to achieve a long-term static safety <br />factor of 1.5 (Rules 4.10.1(1)(a); 4.09.1(1)(c); 4.09.1(2); 4.10.4(2)). This demonstration should include <br />a foundation analysis as required by Rule 4.09.1(14). <br />4. A design for a sub-drainage system (Rules 4.10.3(1) or 4.10.3(5); 4.10.1(1)(a); 4.09.1(2)). <br />5. A discussion of the construction/compaction requirements for the Waste Pile that meet the <br />requirements of Rule 4.09.1(13); 4.10.4(3)(a), 4.10.4(3)(b), and 4.10.4(3)(c)). <br />6. A discussion of how surface water will be managed above, around and on the Waste Pile (Rule <br />4.10.3(2)). <br />7. A plan for reclamation and revegetation of the Waste Pile (Rules 2.05.4; 4.10.4(5); 4.15), including a <br />discussion of where the 4 feet (or less if a demonstration as described in Rule 4.10.4(5) is approved) <br />of non-toxic and non-combustible material cover required by Rule 4.10.4(5) will be obtained. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines