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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 />May 5, 2011 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />Re: Adequacy Review #1 Response <br />New Elk Mine (Permit No. C-1981-012) <br />Technical Revision No. 56 (TR-56) <br />Incidental Boundary Change/Allen-Apache Mining <br />Dear Mr. Thompson: <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />The Division of Reclamation, Mining, and Safety (Division) has completed an <br />adequacy review of the materials received April 26, 2011 and May 2, 2011 <br />submitted in response to our initial adequacy review dated March 24, 2011 for <br />Technical Revision No. 56 (TR-56) for the New Elk Mine. Our original question is <br />shown in italics and questions found adequate are noted with any additional <br />unresolved issues in bold text. Questions #28 through #31 are new as a result of <br />this review. <br />Rule 2.03 Legal, Financial, Compliance, and Related Information <br />1. Please provide the legal description of the TR-56 permit boundary as <br />required by Rule 2.03.6(1). <br />NECC Response: Legal description provided for TR-56 boundary. <br />DRMS Response: Response accepted. <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 <br />hydrology as required by Rule 2.04.7(1). Included in this section of text <br />narrative are brief statements with regard to the impacts due to mining. <br />While Rule 2.04.7(3) requires identification of the extent that the operation <br />may affect surface or underground sources of water put to beneficial use, <br />the detailed discussion of impacts should be quantified and summarized <br />under Rule 2.05.6(3), rather than included with the baseline hydrologic <br />information. Please also modify permit text on page 2.04-11 b indicating the <br />Office of office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines