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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 />September 2, 2010 <br />Ron Thompson <br />Mine Manager <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 80182 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Permit Revision Application No. 2 (PR-2) <br />New Mine Plan <br />Dear Mr. Thompson: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />- SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pinecia <br />Director <br />We have received the additional materials to make your application complete regarding revising <br />your permit to conduct coal mining in Colorado. Our initial review indicates that all preliminary <br />items required by Rule 2.08.4(5) have not been submitted. Thus, your application continues to be <br />incomplete for the purposes of filing as of September 2, 2010. In accordance with Rule 2.07.3(1), <br />you have the opportunity to make your application complete. Our review indicates the application <br />is deficient regarding the definition of a complete application, as defined by Rule 1.04(30) and our <br />comments follow below. For each original question, the question is listed and our response <br />follows. <br />The cover letter and the public notice refer to the application as a technical revision. <br />Technical revisions are only allowed for incidental permit boundary changes. The <br />application request expansion of the permit boundary by nearly 2600 acres, and as such, can <br />only be processed as a Permit Revision as defined by Rule 1.04(90). <br />DRMS Response: Now complete. <br />2. In accordance with Rule 2.07.3(2)(e), the proposed public notice must included a "concise <br />statement" regarding the portion(s) of public road (state wildlife area) that will be affected <br />(in this case undermined) and the public's right to a public hearing. Please review this rule <br />and modify the proposed public notice as required. <br />DRMS Response: Prior to publication and before the application is found complete, in the second <br />paragraph of the proposed public notice, please correct the Township listed to read T33S. <br />In the third paragraph, please correct the current permit boundary to 1598 acres and the <br />increased acres to 2567.9 acres. In the fourth paragraph, please replace the period with a <br />comma after the word "courthouse ". <br />Office of Office of <br />Mined Land Reclamation Denver Grand )unction Durango Active-and Inactive Mines