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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 COLORADO <br /> <br />Phone: (303) 866-3567 D I V I S I ON O F <br />RECLAMATION <br />FAX: (303) 832-8106 M I N I N G <br /> - &- <br /> SAFETY <br />July 22, 2010 Bill Ritter, Jr. <br /> Governor <br />Ron Thompson Mike King <br />New Elk Coal Company, LLC Executive Director <br />122 West First Street <br /> Loretta E. Pineda <br />Trinidad, CO 80182 Director <br />Re: Coal Loadout Inquiry <br />New Elk Mine (Permit No. C-1981-012) <br />Dear Mr. Thompson: <br />The Division has reviewed your request for clarification regarding permitting requirements for a potential coal <br />loadout facility located on the west side of Trinidad Colorado. As we understand it, you are asking for the <br />Division's determination of whether the facility would fall under the jurisdiction of the Coal Program rules and <br />regulations and require permitting under the same. <br />Coal support facilities not located within the permit area of a specified mine fall under Rule 2.06, Requirements for <br />Permits for Special Categories of Mining. In accordance with Rule 2.06.10(1), "Any person who operates such a <br />processing plant or support facility shall have obtained a permit from the Division or Board under the regulatory <br />program in accordance with the requirements of 2.06.10. " <br />Rule 2.06.10(2) specifically describes what information must be included in the application to demonstrate the <br />operation will be conducted in compliance with the performance standards of Rule 4.28. Please review Rule 4.28 <br />for specific details on the information required for a permit issued under Rule 2.06.10. <br />In summary, °;r the reasons described above, a coal loadout located on the west side of Trinidad would require a <br />permit issued under the requirements of Rule 2.06. 10 of the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining. <br />If you have any questions, please contact me. <br />Sincerely, <br />Kent A. Gorham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines