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MINE ENGINEERING CNn, ENGINEERING <br />MINE RECLAMATION CONST. MANAGEMENT <br />December 26, 2011 <br />Dan 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 />NOV CV- 2011 -007 <br />Dear Mr. Hernandez: <br />Notice of violation CV- 2011 -007 was written to New Elk Coal Company LLC (NECC) for failure to <br />conduct surface coal mining and reclamation operations only as described in the approved application. <br />One abatement step required by December 26, 2011 is to submit a plan to restore the new <br />development waste disposal pile to approved designs. <br />On behalf NECC, following are its plans to restore the development waste disposal pile to approved <br />designs: <br />Sincerely, <br />J. E. Stover, P.E. <br />Consulting Engineer <br />1. There is a topsoil stockpile located west of the development waste disposal pile. That <br />topsoil stockpile will be relocated to the east of the development waste disposal pile. <br />2. The development waste disposal pile will be expanded to the west. <br />3. Material will be excavated from the top of the development waste disposal pile and <br />placed and compacted in the area available to the west. <br />4. Material will be excavated from the side slopes of the development waste disposal pile <br />and placed and compacted m the area available to the west. <br />5. Adequate material will be excavated from the top and side slopes of the development <br />waste disposal pile to restore the pile to approved designs. <br />6. Technical revision number 60 will be amended and submitted to the DRMS to obtain <br />approval for this plan. <br />cc: Ron Thompson, NECC <br />David Shaff TK Mining <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 />& Moui l fol 071. <br />1zl44.li) <br />