2010-10-25_REVISION - X201023200 (2)

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5b-5) Whether aquifers will be encountered (include supporting references); The Trinidad Sandstone has been identified as a regional aquifer. It is located below the Lower Raton member and the Vermejo Formation at a depth of 500-900 ft below the Allen Seam. Groundwater monitoring associated with the Golden Eagle Permit and the New Elk permit indicate groundwater aquifers located within and above the Allen and Maxwell coal seam. (2005 Annual Hydrology Report for the Golden Eagle Mine filed with DRMS May 10, 2006) 5b-6) Precise description of how drill holes will be sealed and plugged in accordance with Rule 4.07; and Abandoned drill holes will be plugged and capped below ground level, with a continuous concrete plug from the bottom of the hole to the 1 ft below grade unless drill holes are to be re-entered to deepen or used for geotechnical testing or down hole surveys. Those holes will be marked with a 4 ft long by 5/8 rebar pin at the top of the plug. A 1 %2 inch diameter aluminum cap will be attached to each pin that will identify it for location and surveying purposes. Holes that will be left open for use as monitoring wells will be constructed per Rule 14 of the 2 CCR 402-2 Water Well Construction Rules. 5b-7) Whether holes will be developed as water wells and, if so, the well permit issued by the Colorado Division of Water Resources. Three holes will be developed as monitoring wells (NE-1-10, NE-11-10 and NE-15-10), Monitoring/Observation Well Permit applications will or have been filed with the Colorado Division of Water Resources Department of Natural Resources. 6. Attach a statement with appropriate references from the relevant State or Federal agencies or published sources, which determines that the exploration and reclamation described will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq. C.R.S. 1973) or result in the destruction or adverse modification of critical habitat of those species. (Rule 2.02.2(2)(h)) Attach a statement with appropriate references from the relevant State or Federal agencies or published sources, which determines that the exploration and reclamation described will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq. C.R.S. 1973) or result in the destruction or adverse modification of critical habitat of those species. (Rule 2.02.2(2)(h)) An Environmental Assessment (number DOI-BLM-CO-200-2009-0018 EA) was conducted by the US Department of Interior for federal parcels located in T33S R67W sections 18, 19, 6, 17 and in T33S R68W sections 1, 12, and 13. The finding on the threatened, endanger and sensitive species indicates that there are no records for any threatened, endangered or BLM sensitive species in this area. The study notes that mining activities will not impact TES species. NECC NOI Attachment REVISED 10_21_10