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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 />February 7, 2011 <br />Arch Crouse <br />Colorado Dept of Public Health/ Environment <br />Air Pollution Control Division <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. 55 (TR-55) <br />Bates Portals <br />Dear Mr. Crouse: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, <br />Paragraph 4, of the Colorado Revised Statutes, that on February 7, 2011, an application to revise coal mining operations at the <br />New Elk Mine was considered complete for the purposes of filing. The revision was submitted by New Elk Coal Company, <br />LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />The operator is proposing to construct new portals at the mine to access the Blue coal seam. The portal face-up area will <br />disturb an additional 1.5 acres. Other facilities included in this revision are belt lines, ventilation, fans, dewatering pumps, air <br />heaters, and portable truck scales. <br />The underground coal mining operation is on land located approximately 25 miles West of Trinidad, Colorado. The permit <br />area is further described as follows: T33S, R68W, Portions of Sections 24, 25 and 26. All sections are partially or fully <br />projected by New Elk Coal Company due to the unsurveyed nature of the Maxwell Land Grant. The above-mentioned tracts of <br />land are shown on the USGS 7.5 minute Quadrangle maps of Vigil, Tercio, and Stonewall. <br />The applicant is required to publish notice in a local newspaper that this application has been deemed complete. At the time of <br />publication of this notice, the applicant is additionally required to place a copy of this application at the Las Animas County <br />Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082, and at the Division office. For additional <br />information or to provide written comments, contact the Division of Reclamation, Mining and Safety, Room 215, <br />1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. In order for us to comply with regulatory time frames, we <br />request that comments be submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed <br />on the assumption that you have no concerns with, or objections to, the applicant's proposal. <br />Sincerely, <br />Kent A. Gorham <br />Environmental Protection Specialist <br />C-TR-03 CI981012 KAG 02072011020934.doc <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines