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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 />20 April 2012 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Permit Revision No. 4 (PR -04) <br />Preliminary Adequacy Review <br />Dear Mr. Thompson: <br />Rule 2.03.4 — Identification of Interests <br />Mined Land Reclamation <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 Pineda <br />Director <br />The Colorado Division of Reclamation, Mining and Safety (Division) has completed a preliminary <br />adequacy review of the material submitted for Permit Revision No. 4 (PR -04) by the New Elk Coal <br />Company, LLC (NECC) for the New Elk Mine. PR -04 proposes to add 1,618.7 acres to the permit <br />boundary and 2,942.8 acres to the affected area of the mine. In addition to the proposed increases in <br />acreage, NECC has proposed changes to the mine plan for the Allen, Apache and Blue Seams. There is <br />no new surface disturbance proposed with PR -04. Based on the preliminary adequacy review, the <br />Division has the following questions and comments. Since the proposed decision date for PR -04 is 22 <br />June 2012, please provide your responses to this letter as soon as possible. <br />1. With the submittal of PR -04, NECC has provided updated ownership and controller's <br />information. The Division reviewed the information provided and found it to be consistent with <br />the information contained in the AVS database. Please be advised that, pursuant to Rule <br />2.03.4(5), following the Division's proposed decision and prior to issuing an updated permit <br />document, NECC will be required to provide the ownership and controller's information to the <br />Division and correct any information that may have changed since the original submittal. The <br />Division will notify NECC when this information is required. <br />2. Included with the updated ownership and controllers information NECC submitted are two <br />revised pages numbered 2.03 -6d. The two pages contain different information. Please review <br />the revised pages and correct the page numbering as necessary. <br />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />