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STATE OF COLORADO <br />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 />April 13, 2012 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 80182 <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Minor Revision No. 112 (MR- 112) — Completeness and Adequacy <br />Expand DWDA by 0.6 acres and move ditches and road <br />Dear Mr. Thompson: <br />COLORADO <br />Q I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />We have received your minor revision application to revise your permit to conduct coal mining in <br />Colorado. Our initial review indicates that all preliminary items required by the Colorado Surface <br />Coal Mining Reclamation Act, Section 34 -33 -101 etseq., C.R.S., have been submitted. Thus, your <br />application has been considered complete for the purposes of filing as of April 13, 2012. All review <br />and comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />The Division has reviewed your revision application to determine whether the items you have <br />submitted are adequate in terms of meeting the requirements of the Act and Regulations. We would <br />like you to provide calculations or other information that shows that Ditch D12 is large enough for <br />the additional flow that will runoff to this ditch due to the expansion. <br />Please provide this information so that the Division can issue a decision regarding the application on <br />or before April 23, 2012. If this is not possible, we will ask you to request an extension of that <br />deadline. <br />If you have any questions, please contact me via phone (ext. 8113) or at my e -mail address <br />(Rob.Zuber @state.co.us). <br />Sincerely, <br />9V_'_7 7"1- <br />Robert D. Zuber, P.E. <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />