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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 13, 2012 <br />Mr. Ron Thompson <br />Mine Manager <br />New Elk Coal Company LLC <br />122 West First street <br />Trinidad, CO 81082 <br />Re: Lorencito Canyon Mine, C1996 -084 <br />Third Quarter 2011 Quarterly Certification of Excess Spoil Fills <br />Dear Mr. Thompson: <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 Received New Elk Coal Company's Third Quarter 2011 Certification of Excess <br />Spoil Fills for the Lorencito Canyon Mine on December 13, 2011. Inspection of three excess <br />spoil fills, Fill No. 7, Fill No.8, and Fill No. 9, at the Lorencito Mine was conducted on <br />September 30, 2011. Please be reminded that the report shall be provided to the Division within <br />two weeks after each inspection, Rule 4.09.1(11)(b). The report fulfills the requirements of Rule <br />4.09.1(11)(a). <br />Although no major concerns were identified in the third quarter report, the Division has several <br />comments regarding the report itself. The observations under "Sediment Control" for Fill Area <br />No. 8, states, "No discharge occurred during the second quarter." This report pertains to Third <br />Quarter 2011. Comments and observations should reflect third quarter conditions. The <br />observations under "Surface Drainage" for Fill Area No. 8, states, "Additional armoring has been <br />placed on the upper west lateral ditch, mor work needs to be completed and is scheduled for next <br />quarter." This is a repeat of the comments from the Second Quarter 2011 Excess Spoil Fill <br />report. Was this work conducted during the third quarter of 2011 as the second quarter report <br />states? If so, please report on results of the work conducted. If not, please define when this <br />work will be conducted. <br />The observations under "Sediment Control" for Fill Area No. 9, states, "No discharge occurred <br />during the second quarter." This report pertains to Third Quarter 2011. Comments and <br />observations should reflect third quarter conditions. <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />