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Dan Hernandez <br />3. DRMS - The proposed update to the currently- approved Exhibit 24 "Subsidence Control, <br />Monitoring, and Mitigation Plan" contains numerous references to Maxwell Seam <br />mining. As TR -58 is a new mine plan for Blue Seam mining only, and as Maxwell Seam <br />mining within the existing New Elk Mine permit boundary has not been approved under <br />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 />NECC - Amended page 1 of Exhibit 24 explains that although Maxwell Seam mining <br />within the existing New Elk Mine permit boundary has not been approved, it is included <br />in this Exhibit 24 in anticipation the DRMS will approve Maxwell Seam mining in a <br />future permitting action. <br />4. DRMS - If Map 20 needs to be updated to reflect the existence of any new structures built <br />after 4/20/11, please update Exhibit 24 as necessary to (a) describe how material <br />subsidence damage to these structures, and diminution of reasonably foreseeable use of <br />these structures (Rule 2.05.6(6)(e)(ii)), will be prevented, and (b) to add these new <br />structures to the subsidence inventory (Rule 2.05.6(6)(a) and subsidence monitoring <br />program (Rule 2.05.6(6)(e)(iii)). <br />NECC - Other than NECC drill holes, no new structures have been constructed after <br />4/20/11. No update to Exhibit 24 is necessary. <br />Sincerely, <br />6 tover, P.E. <br />Consulting Engineer <br />cc: Ron Thompson, NECC <br />Mike Trujillo, CDOW <br />Attachments: (3) <br />- 2 - October 6, 2011 <br />Pages 2.05 - & 3a revised October 6, 2011 <br />Figure 2 (page 2.05 -4) revised October 5, 2011 <br />Exhibit 24 Page 1 revised October 6, 2011 <br />Map 20 Sheet 1 revised October 5, 2011. <br />