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Gorham, Kent <br />From: Gorham, Kent <br />Sent: Friday, August 20, 2010 3:19 PM <br />To: 'Ron Thompson' <br />Subject: MR-94 <br />Ron, <br />As we discussed, there are a few minor issues with Map 11 submitted with MR-94 for the temporary facilities. Map 11 <br />approved under MR-94 will be replaced by TR-54, currently under review by the Division. Therefore, I am approving <br />MR-94 with the understanding that the minor fixes on Map 11 will be addressed with the version of Map 11 submitted <br />with TR-54. <br />Also, the Division concurs that no bond increase is necessary under MR-94, but for a different reason than stated by <br />New Elk Coal in the cover letter submitted. NECC suggests that bond monies assigned for some structures that have <br />been removed at the New Elk mine can be used for bonding the temporary structures proposed under MR-94 which is <br />incorrect. Only through bond release can credit for removed structures be given, allowing those bond monies to cover <br />additional structures as approved. No bond release for those removed structures has occurred at this time. However, <br />the Division believes that given the temporary nature of these structures and their construction at an elevation well <br />below the final post-mining topography, bond monies for removal are not required. <br />The Division is moving forward with the approval of MR-94 as proposed. <br />Irewt Oekx <br />Kent Gorham <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Rm 215 <br />Denver CO 80203 <br />(303) 866-3567 Extension 8121 <br />(303) 866-3567 general <br />kent. org ham(a,state.co.us