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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 10, 2010 <br />Ron Thompson <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. 3 (PR-3) <br />Jansen Coal Loadout <br />Dear Mr. Thompson: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />We have received your application to revise your permit to conduct coal mining in Colorado. Our initial review <br />indicates that all preliminary items required by the Colorado Surface Coal Mining Reclamation Act, <br />Section 34-33-101 et seq., C.R.S., have been submitted. Thus, your revision application has been considered <br />complete for the purposes of filing as of September 10, 2010. All review and comment periods as provided in the <br />Act and the 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 commence publication of this advertisement as <br />specified in Rule 2.07.3(2) of the Regulations. Proof of the publication of the advertisement must be filed with the <br />Division no later than four weeks after the last publication date. <br />Coincident with the initial publication, a copy of the revision application, less confidential items, must be filed for <br />public 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. Additional information may be <br />required, and in accordance with the provisions of Section 34-33-118(5) of the Act, you will be notified no later <br />than November 9, 2010, should that be the case. <br />If you have any questions, please contact me. <br />Sincer y, <br />i <br />Ken A. Gorham <br />Environmental Protection Specialist <br />KAG/Ahd <br />C-PR-02 C1981012 KAG 09102010022325.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction Durango Active and Inactive Mines