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Janet H. Binns, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Permit Revision Application No. 4 (PR -4) <br />Expand Permit boundary about one mile to the east. <br />Dear Ms. Binns, <br />The Division of Water Resources (DWR) has reviewed the above - referenced Notice received by our <br />office on March 6, 2012. The revision proposes to expand the permit boundary one mile to the east, <br />expand development and mining of the Blue seam to the south and east, and change the Allen seam and <br />Apache seam development and workings. New Elk Mine is an underground coal mining operation <br />located approximately 25 miles west of Trinidad, CO on land within the Maxwell Land Grant, Las Animas <br />County. <br />No additional information concerning water resources was provided with the revision application. So <br />long as the owner /operator continues to work with this agency in obtaining the necessary well <br />permit(s), substitute water supply plan(s), and plan(s) for augmentation necessary for the operation of <br />the mine, we do no object to the expansion of the permit boundary. <br />Thank you for the opportunity to comment on this application. If you have any further questions <br />regarding this matter, please feel free to contact me directly at this office or contact the local Water <br />Commissioner. The Water Commissioner for District 19 is Jeff Montoya, who may be contacted at (719) <br />680 -1052 or via email at Jeff.Montoya @state.co.us. <br />Sincerely, <br />leb Foy, <br />Water Resources Engineer <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />RECEIVID <br />MAR 2 0 2012 <br />Division of Reclamation, <br />Mining and Safety <br />CRF: NewElkMine C1981012 MR99.docx <br />March 20, 2012 <br />cc: Steve Witte, Division 2 Engineer (via email) <br />Jeff Montoya, District 19 Water Commissioner (via email) <br />REC <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 <br />http: / /water.state.co.us <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />