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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 16, 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 />Technical Revision No. 64 (TR -64) <br />Construct 29 Foot Diameter Ventilation Shaft <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 application for a technical revision to your permit to conduct coal mining in <br />Colorado. Our initial review indicates that all preliminary items required by Rule 2.08.4(5) have <br />not been submitted. Thus, your application is incomplete for the purposes of filing as of April 16, <br />2012. <br />In accordance with Rule 2.07.3(1), you have the opportunity to amend, review, or otherwise make <br />your application complete. <br />(1) Please provide a description of the proposed return of coal mine waste to abandoned workings <br />required by the following Rules: <br />• 2.05.3(9)(a) — Each plan shall describe the design, operation and maintenance of any <br />proposed coal mine waste disposal facility, including flow diagrams and any other <br />necessary drawings and maps, which must meet the standards of 2. 10, for the approval of <br />both the Division and the Mine Safety and Health Administration, in accordance with <br />4.11.3. <br />2.05.3(9)(b) — Each plan shall describe the source and quality of waste to be stored, area to <br />be backfilled, percent of the mine void to be filled, method of constructing underground <br />retaining walls, influence of the backfilling operation on active underground mine <br />operations, surface area to be supported by the backfill, and the anticipated occurrence of <br />surface effects following backfilling. <br />2.05.3(9)(c) — The applicant shall describe the source of hydraulic transport medium, <br />method of dewatering the placed backfill, retainment of water underground, treatment of <br />water if released to surface streams, and the effect on the hydrologic regime. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />