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A AGAPITO ASSOCIATES, INC. <br />Mining & Civil Engineers & Geologists <br />715 HORIZON DR., STE 340 GOLDEN OFFICE <br />GRAND JUNCTION, CO 81506 303.271.3750 <br />USA <br />VOICE 970.242.4220 <br />WWW.AGAPITO.COM <br /> <br />April 25, 2011 ' Y <br />?Qp ??'723-01 T1 <br /> OVK <br />2 <br />- <br />?? <br /> <br />Mr. Kent Gorham 91 <br />01) <br />1 <br />w <br />M?n? <br />/To <br />Colorado Division of Reclamation, Mining and Safety nga ds?i n. <br />1313 Sherman Street, Room 215 lY <br />Denver, CO 80203 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Technical Revision No. 56 (TR-56) <br />Incidental Boundary Change/Allen-Apache Mining <br />Completeness Response <br />Dear Mr. Gorham: <br />This letter and supporting documents are submitted in response to the adequacy review <br />dated March 24, 2011. <br />Rule 2.03 Legal, Financial, Compliance, and Related Information <br />1. Please provide the legal description of the TR-56 permit boundary as required by Rule <br />2.03.6(1). <br />NECC Response: The legal description of the permit boundary has been updated on <br />pages 2.03-6, 6a and 6b. The metes and bounds description has been added to the permit <br />boundary of Map 1, Surface Ownership. <br />Rule 2.04 Information on Environmental Resources <br />2. Permit text narrative on pages 2.04-17 to 2.04-25 describe the groundwater hydrology as <br />required by Rule 2.04.7(1). Included in this section of text narrative are brief statements <br />with regard to the impacts due to mining. While Rule 2.04.7(3) requires identification of <br />the extent that the operation may affect surface or underground sources of water put to <br />beneficial use, the detailed discussion of impacts should be quantified and summarized <br />under Rule 2.05.6(3), rather than included with the baseline hydrologic information. <br />Please also modify permit text on page 2.04-1 lb indicating the correct reference to the <br />probable hydrologic consequences section (not Section 2.04.7). Permit text on 2.04-24 <br />also identifies wells that could be impacted. This type of information should be included <br />and summarized in the PHC section of the permit application. Rule 2.04.7(3) should <br />focus primarily on the alternative water supply available should contamination or <br />diminution occur and water rights owned or leased by the operation. Exhibit 8(4) is <br />inadequate with regard to a summary of all hydrologic impacts that are probable due to <br />the proposed operations. Please review these pages along with Exhibit 8(4) and include a <br />GEOENGINEERING • MINING ENGINEERING • CIVIL ENGINEERING