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1. Figure 2 "Estimated Life -of -Mine Plan Area" (dated 6/13/11) appears to show an increase in the area on <br />the map identified as "Potential Future Mining Boundary" relative to the currently- approved version of Figure <br />2 dated 2/15/11. Please revise Permit Page 2.05 -3 (approved via PR -02 and Revised "8/2011 ") to include a <br />statement that "the "life of mine" acreage (Rule 2.05.2(2)) was increased under TR -58 from acres to <br />acres as shown on Figure 2 "Estimated Life -of -Mine Plan Area" (dated 6/13/11) ". <br />2. Does Map 20, Sheets 1, 2, and 3, entitled "New Elk Mine Structure Inventory Map — Overall" and dated <br />4/20/11, need to be updated to reflect the existence of any new structures built after 4/20/11? <br />3. The proposed update to the currently- approved Exhibit 24 "Subsidence Control, Monitoring, and <br />Mitigation Plan" contains numerous references to Maxwell Seam mining. As TR -58 is a new mine plan for Blue <br />Seam mining only, and as Maxwell Seam mining within the existing New Elk Mine permit boundary has not <br />been approved under the existing New Elk Mine permit, please revise the version of Exhibit 24 proposed by <br />TR -58 so as to remove all reference to Maxwell Seam mining. <br />4. If Map 20 needs to be updated to reflect the existence of any new structures built after 4/20/11, please <br />update Exhibit 24 as necessary to (a) describe how material subsidence damage to these structures, and <br />diminution of reasonably foreseeable use of these structures (Rule 2.05.6(6)(e)(ii)), will be prevented, and (b) <br />to add these new structures to the subsidence inventory (Rule 2.05.6(6)(a) and subsidence monitoring <br />program (Rule 2.05.6(6)(e)(iii)). <br />Thank you, <br />Dan <br />Daniell. 5-fernandez <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St, Room 215 <br />Denver, CO 80203 <br />New Phone Number: 303 - 866 -3567 ext 8126 <br />Fax: 303 - 832 -8106 <br />Website: www.mininq.state.co.us <br />2 <br />