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Mr. Kent Gorham <br />May 13, 2011 <br />Page 3 <br />NECC Response: Three bedrock (coal seam) wells have been added. <br />DRMS: Please include these wells in the water monitoring plan as shown in Table 27 of the <br />approved permit. <br />NECC Response: Wells NE-1-10, NE-6-10a, and NE-6_10b have been added to Table 27. <br />6. DRMS. For the area of mining in the Allen seam where development only mining will occur, <br />please submit the information required by Rule 4.20.1(3). This information may be present in <br />various portions of the text and Exhibit 24 in the revised materials but should be consolidated. <br />Specifically, the location and the methods to be taken in the various mining areas under TR_56 to <br />prevent subsidence or minimize subsidence and related damage are required. <br />NECC Response: Figure 19 has been added. Permit text and Exhibit 24 have been consolidated. <br />DRMS: Response partially accepted. Figure 19 is not labeled. Please label Figure 19 and <br />include a page number on this figure. <br />NECC Response: A figure label and page number have been added to Figure 19. <br />13. DRMS: The paved road mitigation plan states "visual monitoring should be performed on the <br />roads weekly beginning when retreat operations are within a 40 degree vertical offset angle. " <br />The Division understands that no retreat mining will occur from mining in the Allen seam in <br />Section 13, 14, 23, and 24 of T33S R68W. This would preclude subsidence of Highway 12, the <br />Purgatoire River, and any structures or residences in the described area. Please explain and/or <br />correct the subsidence control plan as necessary. <br />NECC Response: No retreat mining is planned and Exhibit 24 has been revised. <br />DRMS: Response not accepted. The Division believes the paved road mitigation plan, including <br />monitoring to demonstrate no subsidence is still required, similar to other structures included in <br />Exhibit 24 that will be undermined but not subsided. Also, Exhibit 42 does not list State <br />Highway 12 as a structure. Please revise the materials as necessary. <br />NECC Response: Exhibit 24 has been updated to include the paved road mitigation plan <br />including monitoring of State Highway 12. <br />15. DRMS: Permit text narrative on page 2.05-90g states that structures are shown on Map 20 <br />sheets 1-3 and Maps 11 and 12. Please indicate where a listing of all the structures and <br />renewable resources is located along with a brief description of each. [Rule 2.05.6(6)(a)(ii)J . <br />NECC Response: Exhibit 42 now details subsidence information. <br />DRMS: Please add Highway 12 to the list of structures. <br />NECC Response: Highway 12 has been added to the list of structures in Exhibit 42. <br />19. DRMS. On Map 8 Regional Hydrology, text in the map legend for the bedrock wells (green and <br />purple symbols) should be separated for proper symbol explanations. Also, noted on the map is <br />Agapito Associates, Inc.