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Mr. Dan Hernandez <br />July 8, 2011 <br />Page 2 <br />Mine Water Inflow <br />As stated in Section 2.04.6(1), no significant aquifers were encountered during the course <br />of development and production at the New Elk Mine and no significant inflows are expected in <br />the Blue Seam. Water from the Blue Seam will be pumped to Pond 1 as provided for in the <br />permit. <br />Right of Entry <br />The Blue Seam Mine Plan is within the pending PRO2 permit boundary. PRO2, with its <br />expanded permit boundary, must be approved prior to the approval of this technical revision. <br />SBP:hlw <br />The following are enclosed to support this technical revision: <br />• Pages iv (List of Tables), 2.04 -10a (Figure 1), 2.05 -2, 3, 3a, 4 (Figure 2) and 4a <br />• Exhibit 24— Subsidence Control, Monitoring, and Mitigation Plan <br />• Map 3 -2011 Mine Plan <br />cc: Ron Thompson, New Elk Coal Company <br />Mike Trujillo, Colorado Division of Wildlife <br />Sincerely, <br />Enclosures: Pages iv (List of Tables), 2.04 -10a (Figure 1), 2.05 -2, 3, 3a, 4 (Figure 2) and 4a <br />Exhibit 24— Subsidence Control, Monitoring, and Mitigation Plan <br />Map 3 -2011 Mine Plan <br />Agapito Associates, Inc. <br />Susan B. Patton, Ph.D., P.E. <br />Senior Associate <br />spatton @agapito.com <br />