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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 />December 2, 2010 <br />Janet Kieler <br />Colorado Department of Health <br />Water Quality Control Division Permit Section <br />4300 Cherry Creek Drive South <br />Denver, CO 80222-1530 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Technical Revision Application No. 53 (TR-53) <br />New Pond Silt/Underground Development Waste Pile <br />Dear Ms. Kieler: <br />COLORADO <br />D IV IS I ON 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 />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, <br />Section 116, Paragraph 4, of the Colorado Revised Statutes, that on November 24, 2010, an application to revise <br />coal mining operations at the New Elk Mine was considered complete for the purposes of filing. The revision was <br />submitted by New Elk Coal Company, LLC (NECC). All review and comment periods as provided in the Act and <br />the Regulations initiate from this date of filing. <br />NECC proposes to construct a new development waste pile in the location of a former coal storage pile at the mine <br />facility area for permanent storage of development waste created during mining operations. <br />The underground coal mining operation is on land located approximately 25 miles west of Trinidad, Colorado. <br />The permit area is further described as follows: T33S, R68W, Portions of Sections 24, 25 and 26; All sections are <br />partially or fully projected by New Elk Coal Company due to the unsurveyed nature of the Maxwell Land Grant. <br />The above-mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of Vigil, Tercio, and <br />Stonewall. <br />The applicant is required to publish notice in a local newspaper that this application has been deemed complete. <br />At the time of publication of this notice, the applicant is additionally required to place a copy of this application at <br />the Las Animas County Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082, and at the <br />Division office. For additional information or to provide written comments, contact the Division of Reclamation, <br />Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. In order for us to <br />comply with regulatory time frames, we request that comments be submitted within fifteen (15) days of this letter. <br />If no comments are received by then, we will proceed on the assumption that you have no concerns with, or <br />objections to, the applicant's proposal. <br />Sincerel , <br />Kent A. Gorham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines