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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />February 7, 2012 <br />Valerie Sword <br />CDOT R2 Access Manager <br />PO Box 536 <br />Pueblo, CO 81002 <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Minor Revision No. 106 (MR- 106) <br />Correct and update text in Exhibit 40 Jansen Yard. <br />Dear Ms. Sword: <br />Mined Land Reclamation <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division has received a minor revision application for the New Elk Coal Mine in Las Animas <br />County, Colorado. Our initial review indicates that all preliminary items required by the Colorado <br />Surface Coal Mining Reclamation Act, Section 34 -33 -101 et seq., C.R.S., have been submitted, and <br />application has been considered complete for the purposes of filing as of February 7, 2012. <br />The Division is currently reviewing the revision application to determine whether the items <br />submitted are adequate in terms of meeting the requirements of the Act and Regulations. The <br />Division will either issue a decision or inform New Elk Coal Company of adequacy issues <br />regarding the application on or before February 17, 2012. <br />As we discussed on the phone on February 7, 2012, CDOT has approved an attachment to New Elk <br />Coal Company's State Highway Access Permit No. 210036. However, CDOT has not issued a <br />"Notice to Proceed" yet, pending New Elk Coal Company's compliance with terms of the CDOT <br />permit. The CDOT permit allows for no more than 160 vehicle trips per day accessing State <br />Highway 12 from the New Elk Mine entrance west of Weston, CO (Item no. 62). The minor <br />revision submitted to DRMS requests to increase haul trucks hauling coal from the mine to the <br />Jansen Loadout to 80 -100 trucks per day. Please provide any comments or concerns identified by <br />CDOT regarding the proposed revision prior to February 16, 2012. DRMS respectfully requests <br />that CDOT notify our office when CDOT issues the "Notice to Proceed" for State Highway Access <br />Permit No. 210036. <br />To find copies of the revision, and to review the approved New Elk Mine permit, please access the <br />Division's database. Pertinent portions of the permit application are available electronically on our <br />website: http: / /www mining state .co.us /ImagedDocuments.htm The permit number is C1981012 <br />and the IBM index class is "Revision ". Documents can be sorted by name or Section/Exhibit <br />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />