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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 />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />April 8, 2011 Governor <br />Mike King <br />Executive Director <br />Ron Thompson <br />New Elk Coal Company, LLC Loretta E. Pineda <br />122 West First Street Director <br />Trinidad, CO 80182 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Proposed Decision - Technical Revision No. 55 (TR-55) <br />Bates Portals <br />Dear Mr. Thompson: <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical <br />Revision No. 55 at the New Elk Mine. Notice of the proposed decision will be published in the The <br />Chronicle - News as soon as possible. The first publication will initiate the ten (10) day public comment <br />period for the Division's decision. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the <br />Revised Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond <br />that equals or exceeds the Revised Liability. This Technical Revision must not be implemented until this <br />proposed decision becomes final and until any required increase in bond is submitted to and approved by <br />the Division. <br />If you have any questions, please contact me. <br />Sincere y, <br />-7 <br />Kent A. Gorham <br />Environmental Protection Specialist <br />Enclosure <br />C-TR-08 C1981012 KAG 04082011032822.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines