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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 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S 10 N O F <br />RECLAMATION <br />MINING <br />- St- <br />SAFETY <br /> Bill Ritter, Jr. <br />August 27, 2010 Governor <br /> Mike King <br />Ron Thompson Executive Director <br />New Elk Coal Company, LLC <br />Loretta E. Pineda <br />122 West First Street Director <br />Trinidad, CO 80182 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Technical Revision No. 54 (TR-54) <br />Upgrade Site Facilities <br />Dear Mr. Thompson: <br />We have received your technical revision application to revise your permit to conduct coal mining in Colorado. <br />Our initial review indicates that all preliminary items required by the Colorado Surface Coal Mining Reclamation <br />Act, Section 34-33-101 et seq., C.R.S., have been submitted. Thus, your application has been considered complete <br />for the purposes of filing as of August 26, 2010. All review and comment periods as provided in the Act and the <br />Regulations initiate from this date of filing. <br />Unless notification to the contrary accompanies this letter, the proposed newspaper advertisement submitted with <br />the application has been found to be satisfactory. You should publish this advertisement as specified in <br />Rule 2.08.4(6) of the Regulations. Proof of the publication of the advertisement must be filed with the Division as <br />soon as available after the publication date. <br />Coincident with the publication, a copy of the revision application, less confidential items, must be filed for public <br />inspection with the appropriate public office as specified by you in the notice. Any subsequent changes or <br />additions to the application must also be made in this copy, at the same time it is submitted to the Division. <br />The Division is currently reviewing your revision application to determine whether the items you have submitted <br />are adequate in terms of meeting the requirements of the Act and Regulations. In, accordance with <br />Section 34-33-116(5) of the Act, a proposed decision approving or denying this application will be issued no later <br />than October 25, 2010. <br />If you have any questions, please contact me. <br />Sincerely <br />L2 <br />Kent . Gorham <br />Environmental Protection Specialist <br />C-TR-02 CI981012 KAG 08272010051926.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines