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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 16, 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 />Technical Revision Application No. 53 (TR-53) <br />Development Waste Pile <br />Dear Mr. Thompson: <br />COLORADO <br />D I V I S 10 N O F <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 the additional materials for TR-53 on September 2 and September 7, 2010. Our <br />review of the materials indicates that all preliminary items required by Rule 2.08.4(5) have not been <br />submitted. Thus, your application continues to be incomplete for the purposes of filing as of <br />September 16, 2010. In accordance with Rule 2.07.3(1), you have the opportunity to make your <br />application complete. Our review indicates the application is deficient regarding the definition of a <br />complete application, as defined by Rule 1.04(30) and our comments follow below. <br />A discussion of how surface water will be managed above, around, and on the waste pile in <br />accordance with Rule 4.10.2(2). This Rule requires that "all surface drainage from the area <br />above the coal waste bank and from the crest and the face of the waste disposal area be <br />diverted in accordance with Rule 4.09.2(7)." Rule 4.09.2(7) requires that "surface runoff <br />from the area above the fill be diverted away from the fill and into stabilized channels <br />designed to pass safely the runoff from a 100 year, 24-hour precipitation event or larger <br />event specified by the Division. Surface runoff from the fill surface shall be diverted to <br />stabilized channels off of the fill which will safely pass the runoff from a 100 year, 24-hour <br />precipitation event. Diversion design shall comply with the requirements of 4.05.4. " <br />Design information regarding surface water control for the development waste pile is <br />required. <br />If you have questions, please call me. <br />Siel y, <br />16A. orham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver 9 Grand Junction 9 Durango Active and Inactive Mines