2011-08-18_REVISION - C1981012 (5)

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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 August 18, 2011 Bernard Gonzales Las Animas County Clerk and Recorder County Clerk 200 East First Street, Room 104 Trinidad, CO 81082 Re: New Elk Mine (Permit No. C- 1981 -012) Technical Revision Application No. 59 (TR -59) • Incidental Permit Boundary Revision; Modify Structures List and Reclamation Plan Dear Mr. Gonzales: 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 August 18, 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 applicant proposes to enlarge the permit area by 0.6 acres; to enlarge the disturbed area by 6.0 acres; to extend the RDA Conveyor with fixed and portable sections and with radial stackers; to utilize and ultimately reclaim certain existing structures; and to revise the reclamation plan and reclamation cost estimate. 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. The above - mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Vigil. The applicant is required to publish notice in a local newspaper that this application has been deemed complete. At the time of publication of this notice, the applicant is additionally required to place a copy of this application at the Las Animas County Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082, and at the Division office. For additional information or to provide written comments, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866 -3567. In order for us to comply with regulatory time frames, we request that comments be submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed on the assumption that you have no concerns with, or objections to, the applicant's proposal. Sincerely, LAAAA.A.74 111/%4 Daniel I. Hernandez Senior Environmental Protection Specialist C -TR -03 C1981012 DIFI 08182011111858.doc Office of Mined Land Reclamation STATE OF COLORADO COLORADO D I V I S I O N O F RECLAMATION MINING SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director Office of Denver • Grand Junction • Durango Active and lnactwe Mlnas