2011-09-29_REVISION - C1981012 (2)

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Dan Hernandez NECC - No blasting is planned. - 2 - September 28, 2011 NECC - Approval for the installation of the radial stackers was included in TR -59. The radial stackers were added to the attached Table 19. The radial stacker and 500 foot long portable conveyor are described page 2.05 -27. 4. DRMS - Will creating the new cuts into the hillside east of the Refuse Conveyor require blasting? If so, how will flyrock be prevented from landing onto, or rolling down onto, State Highway 12? S. DRMS- Will the surface water runoff from the new cuts into the hillside east of the Refuse Conveyor be directed to the RDA pond? If so, how? If not, how will this disturbed area runoff be treated? NECC - Surface run -off from the new cuts into the hillside east of the refuse conveyor are directed into the sediment pond by culvert 41. There is also a containment area below the sediment pond that collects additional drainage from the maintenance road. 6. DRMS - How will the new cuts into the hillside east of the Refuse Conveyor be reclaimed? Has the cost of removing the new expandable conveyor already been described in the existing reclamation cost estimate for the New Elk Mine? Has the cost of removing the new temporary substation /transformer pad been described in the existing reclamation cost estimate? NECC - The cuts into the hillside east of the refuse conveyor should not significantly alter the reclamation plan. The cost of removing the new expandable conveyor and substation transformer and pad are included in the attached reclamation estimate. 7. DRMS - If the 2 radial stackers shown on the map provided with the MR -97 application are not currently approved in the New Elk Permit, please revise the existing reclamation cost estimate to describe the cost of removing these radial stackers. NECC - TR -59 was submitted in response to notice of violation CV- 2011 -003. NECC included an extension to the RDA conveyor and two radial stackers in the technical revision application. This data will now be included in MR -95. 8. DRMS - Will New Elk Coal Company need some type of approval from the Colorado Department of Transportation to bring the proposed conveyor onto the Refuse Disposal Area from State Highway 12? If so, please provide an updated Table 2 to include a description of this permit /license /approval. If not, how will New Elk Coal Company ensure the flow of traffic on State Highway 12 will not be adversely affected by the bringing of the conveyor onto the Refuse Disposal Area from State Highway 12? NECC - No approval from CDOT will be required. CDOT referred the question to the Motor Carrier Safety. Motor Carrier Safety referred NECC to the local State Patrol. NECC will have people to flag oncoming traffic. NECC will call State Patrol Sgt. Steve