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<br />Page 2. <br />DRMS Response: Prior to publication and before the application is found complete, in the <br />second paragraph of the proposed public notice, please correct the Township listed <br />to read T33S. In the third paragraph, please correct the current permit boundary <br />to 1598 acres and the increase acres to 2567.9 acres. In the fourth paragraph, <br />please replace the period with a comma after the word courthouse. <br />NECC Response: The attached public notice has been revised to reflect the requested edits. <br />3. The application does not contain information required by Rule 2.03.6 <br />regarding right of entry for the area described by the proposed permit <br />boundary. See also #6 below. <br />DRMS Response: Rule 2.03.6(1) requires "a complete and detailed description of the <br />proposed permit boundary... " No such description was included with the revised <br />materials. Please submit a revised permit page 2.03.6 including the required <br />information for the entire permit boundary as proposed. <br />NECC Response: Page 2.03.6, 6a, and 6b has been revised to include a metes and bounds <br />description of the proposed (2011) permit boundary. The bearing and distances <br />from the point of beginning has also been added to Map 3-Mine Plan. <br />4. The application does not contain any information required by Rules 2.04.5 and <br />2.04.6 for Hydrology and Geology. In particular, any baseline data for the <br />Apache seam in areas outside of the current permit boundary was not <br />included. Allen seam baseline data is minimal or non-existent. Apache <br />Canyon surface water data representing seasonal variations was not included. <br />DRMS Response: The application remains incomplete with regard to Rules 2.04.5 and <br />2.04.6 for Hydrology and Geology. Revised information is completely lacking or at <br />best extremely vague and lacks detail and specificity. Please refer to Rule 2.04.5 <br />and 2.04.6(3) for underground mining and provide information by each subpart of <br />these Rules. <br />NECC Response: Detail and specificity has been added to the hydrology and geology <br />sections of the permit. The geology description and maps have been updated with <br />detail from the 2010 exploration program. Pages 2.04-8 to 2.04-11 g include the <br />description of the geology. The mine plan has been adjusted slightly. The mine <br />plan is described on pages 2.05-2-4 and included on Map 3- Mine Plan. The <br />hydrology information has been updated. The description is in revised pages <br />2.04.17-25,31 with detail in Exhibit 8 Addendum Probable Consequences of <br />Mining in the Allen and Apache Coal Seams at the New Elk Mine. Map 8 has been <br />updated to reflect the new information.