2010-07-19_REVISION - C1981012

• Permit No: C1981012
• IBM Index Class Name: REVISION
• Doc Date: 7/19/2010
• Doc Name: Incompleteness Letter
• From: DRMS
• To: New Elk Coal Company, LLC
• Type & Sequence: PR12
• Email Name: KAG
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Colorado 80203
Denver COLORADO
,
Phone: [phone] DIVISION O F
OB
FAX: [phone] MINING

SAFETY
Bill Ritter, Jr.
July 19, 2010 Governor
Mike King
Ron Thompson Executive Director
New Elk Coal Company, LLC
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122 W
t St Loretta E. Pineda
irs
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es Director
Trinidad, CO 80182
Re: New Elk Mine (Permit No. C-1981-012)
Permit Revision Application No. 2 (PR-2)
New Mine Plan
Dear Mr. Thompson:
We have received your application to revise your permit to conduct coal mining in Colorado. Our
initial review indicates that all preliminary items required by Rule 2.08.4(5) have not been
submitted. Thus, your application is incomplete for the purposes of filing as of July 19, 2010. In
accordance with Rule 2.07.3(1), you have the opportunity to make your application complete. Our
review indicates the application is deficient regarding the definition of a complete application, as
defined by Rule 1.04(30) and our comments follow below.
1. The cover letter and the public notice refer to the application as a technical revision.
Technical revisions are only allowed for incidental permit boundary changes. The
application request expansion of the permit boundary by nearly 2600 acres, and as such, can
only be processed as a Permit Revision as defined by Rule 1.04(90).
2. In accordance with Rule 2.07.3(2)(e), the proposed public notice must included a "concise
statement" regarding the portion(s) of public road (state wildlife area) that will be affected
(in this case undermined) and the public's right to a public hearing. Please review this rule
and modify the proposed public notice as required.
3. The application does not contain information required by Rule 2.03.6 regarding right of
entry for the area described by the proposed permit boundary. See also #6 below.
4. The application does not contain any information required by Rules 2.04.5 and 2.04.6 for
Hydrology and Geology. In particular, any baseline data for the Apache seam in areas
outside of the current permit boundary was not included. Allen seam baseline data is
minimal or non-existent. Apache Canyon surface water data representing seasonal
variations was not included.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines