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MINE ENGINEERING <br />MINE RECLAMATION <br />October 6, 2011 <br />J. E. STOVER & ASSOCIATES, INC. <br />2352 NORTH 7 STREET, UNIT B <br />GRAND JUNCTION, COLORADO 81501 <br />PHONE: (970) 245 -4101, FAX 242 -7908 <br />Daniel Hernandez <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: New Elk Mine Permit C- 1981 -012 <br />Technical Revision No. 58 Blue Seam Mine Plan <br />Adequacy Response No. 1 <br />Dear Mr. Hernandez: <br />OCT nit <br />pry hone ng <br />• and Safety <br />p,�rn <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />The DRMS' e -mail dated September 16, 2011 transmitted its adequacy response for the <br />referenced technical revision. On behalf of New Elk Coal Company, (NECC) following are its <br />responses to the DRMS' comments and concerns. <br />1. DRMS - Figure 2 "Estimated Life -of -Mine Plan Area" (dated 6/13/11) appears to show <br />an increase in the area on the map identified as "Potential Future Mining Boundary" <br />relative to the currently- approved version of Figure 2 dated 2/15/11. Please revise <br />Permit Page 2.05 -3 (approved via PR -02 and Revised "8/2011') to include a statement <br />that "the "life of mine" acreage (Rule 2.05.2(2)) was increased under TR -58 from <br />acres to acres as shown on Figure 2 "Estimated Life -of -Mine Plan Area" (dated <br />6/13/11) ". <br />NECC - Figure 2 Estimated Life -of Mine Plan Area was changed to show the same life of <br />mine outline as approved via PR -02. There is no change in the life of mine acreage. <br />Enclosed are amended pages 2.05 -3 and 2.05 -3a. The second paragraph on page 2.05 -3 <br />was revised to include a discussion of the affected area, permit boundary and life of mine <br />acreage. <br />2. DRMS - Does Map 20, Sheets 1, 2, and 3, entitled "New Elk Mine Structure Inventory <br />Map — Overall" and dated 4/20/11, need to be updated to reflect the existence of any new <br />structures built after 4/20/11? <br />NECC - Based on a October 4, 2011 phone conversation the undersigned had with Alec <br />Bridge (XTO (505) 333 - 3100), XTO has not drilled any gas wells within 1,000 feet of the <br />mine plan area since 2008. Map 20, Sheet 1 was updated to incorporate new NECC drill <br />holes. <br />