2011-07-26_REVISION - C1981012 (8)

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DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866 -3567 FAX: (303) 832 -8106 July 26, 2011 Mark Tobias Colorado Historical Society The Colorado History Museum Office Archeology & Historical Preservation 1560 Broadway, Suite 400 Denver, CO 80202 Re: New Elk Mine (Permit No. C- 1981 -012) Technical Revision Application No. 58 (TR -58) Blue Seam Mine Plan Dear Mr. Tobias: STATE OF COLORADO The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, Paragraph 4, of the Colorado Revised Statutes, that on July 20, 2011 an application to revise coal mining operations at the New Elk Mine was considered complete for the purposes of filing. The revision was submitted by New Elk Coal Company, LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. The operator is requesting approval to add the Blue Seam to its existing underground coal mining operations. The above - mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Vigil. COLORADO D I V I S I O N O F RECLAMATION MINING — SAFETY The underground coal mining operation is on land located approximately 25 miles West of Trinidad, Colorado. The permit area is further described as follows: T33S, R68W, Portions of Sections 24, 25 and 26❑ ❑All sections are partially or fully projected by New Elk Coal Company due to the unsurveyed nature of the Maxwell Land Grant. The above - mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of Vigil, Tercio, and Stonewall. Because the above - referenced technical revision application would incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your agency's evaluation of the potential for impacts to cultural and historic resources. In accordance with the May 1991 Memorandum of Understanding (MOU) between our agencies, we must have your concurrence in order to approve this proposal. We are required to make a finding that "the proposed operations will not adversely affect any publicly owned park or place listed on or those places eligible for listing, as determined by the SHPO, on the National Register of Historic Places, unless approved jointly by the Board acid the Federal, State, or local agency with jurisdiction over the park or place." Therefore, we request that you submit Office of AA:nnfl i �nr! An. -fpm �rinn Office of rlanvar . C;ranrl lunetinn • Durango ArtivP and Inactive Mines