2012-02-13_REVISION - C1981012 (7)

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J. E. STOVER & ASSOCIATES, INC. 2352 NORTH 7 STREET, UNIT B GRAND JUNCTION, COLORADO 81501 PHONE: (970) 245 -4101, FAX 242 -7908 MINE ENGINEERING CIVIL ENGINEERING MINE RECLAMATION CONST. MANAGEMENT February 9, 2012 Janet Binns Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, CO 80203 Re: New Elk Mine Permit C- 1981 -012 Permit Revision Application PR -04 Permit Boundary Expansion Dear Ms. Binns: � r , a FEB 13 701? Division Mining and S Hors, On behalf of New Elk Coal Company's, (NECC) enclosed is an application for a permit revision to expand the permit boundary to the east. This permit revision is for a 1,618.7 acre expansion of the permit boundary. The east line of the permit boundary will be moved approximately one mile to the east. The mine permit boundary expansion lies within sections 19, 30 and 31, T33S, R68W and section 6, T34S, R68W. This permit expansion will allow panels to be developed to the east off of the Blue Seam south mains. Most of the surface and coal located within the permit boundary expansion is owned by the State of Colorado with a small amount owned by NECC. The coal within the permit boundary expansion is owned by NECC and the State of Colorado acting through an by the Department of Natural Resources for the use and benefit of the Division of Wildlife. A copy of NECC's lease documenting right of entry is included in Exhibit 34- Adendum Division of Wildlife Lease. The Colorado Springs Division of Wildlife office supports amending the coal mining lease to include all of the Division of Wildlife acreage. This expansion of the lease would encompass the lease expansion area. See the attached Colorado Parks & Wildlife letter and real estate action proposal both signed by Dan Prenzlow, Region Manager. This is a good time to reconcile the permit acreage. Apparently the 10.5 acre permit boundary at the Jansen Yard was dropped from the permitted acres. Additionally the approved 4,198.9 acre permit boundary is 2.6 acres less than is determined from the ACAD drawings. The corrected permit boundary acreage is shown in the table below: