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Southeast Region <br />4255 Sinton Road <br />Colorado Springs, CO 80907 <br />Telephone: (719) 227 -5200 <br />FAX: (719) 227 -5297 <br />July 7, 2011 <br />Mr. Dan Hernandez <br />Senior Environmental Protection Specialist <br />Division of Reclarriation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Mr. Hernandez: <br />The Colorado Division of Wildlife (CDOW) has reviewed the revised Exhibit 24 - <br />Subsidence Control, Monitoring, and Mitigation Plan (the Plan) prepared for Cline <br />Mining Corp. (May 2011) by Agapito Associates, Inc. <br />In March of this year CDOW provided comments on an early draft of the Plan (January <br />2011) in which the CDOW, as the coal and surface interest owner, stated that the surface <br />subsidence mitigation recommendations were not acceptable. <br />In the January 2011 Plan, Agapito Associates recommended that pipelines should be <br />`decoupled' from the surface. Specifically the CDOW was concerned about the <br />additional surface disturbance, length of time the pipelines were decoupled from the <br />ground, amount of time they would remain uncovered, hazards posed by open trenches to <br />wildlife and public, impacts to the CDOW's ability to perform routine management <br />operations, possible violations of the Surface Use Agreement between CDOW and XTO <br />Energy, and interim and final reclamation. <br />In its summary, CDOW requested that appropriate mitigation that addresses our <br />concerns be developed prior to the commercial start-up of the New Elk Mine operation. <br />COLORADO PARKS AND WILDLIFE <br />1313 Sherman Street, Room 618 • Denver, Colorado 80203 <br />Phone (303) 866 -3437 • FAX (303) 866 -3206 <br />wildlife.state.co.us • parks.state.co.us <br />Re: Colorado Division of Wildlife Review and Comments: <br />New Elk Mine (Permit No. C- 1981 -012) <br />Permit Revision No. 02 (PR -02) <br />Adequacy Review (April 13, 2011) Response <br />STATE OF COLORADO <br />John W. Hickenlooper, Govemor • Mike King, Executive Director, Department of Natural Resources <br />Rick D. Cables, Director, Colorado Parks and Wildlife <br />Parks and Wildlife Board: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian <br />Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Perricone • Jim Pribyl • John Singletary <br />Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield <br />Ex Officio Members: Mike King and John Salazar <br />J <br />Colorado State Packs <br />