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14. Based on the meeting with the Division, NECC, XTO Energy and the Division of Parks and <br />Wildlife on 17 April 2012, please include a description or table of all of the coal seams each gas <br />well is completed in. <br />15. Pond 1 is the mine water discharge pond at the New Elk Mine. With the increase in mining and <br />mining in a new coal seam, the Blue Seam, will this pond receive more mine water discharge <br />and, if so, is it properly sized to handle the increased inflow? <br />16. Map 8 is the regional hydrology map. The last search for wells and other water structures with <br />DWR was performed in 2010. Please perform a current search to verify that no new wells or <br />hydrologic structures have been added to the permit boundary. Please update Map 8 as <br />necessary. At a minimum, if a search yields no new features, please update Map 8 to indicate <br />that a search was done in 2012. <br />Rule 2.05.3 — Operations Plan <br />Page 4 of 7 <br />17. There is a large block of Allen and Apache Seam coal in the east half of Section 26 and the west <br />half of Section 25 that was planned to be mined in the currently approved mine plan, as shown <br />on currently approved Map 3, but is not planned to be mined in the proposed mine plan. By not <br />mining this coal NECC is effectively sterilizing that portion of the coal reserve. Please explain <br />why NECC is no longer proposing to mine the large block of Allen and Apache Seam coal in the <br />east half of Section 26 and the West half of Section 25. <br />18. On proposed Map 3 NECC is proposing to mine the Blue Seam basically from the Bates Portals <br />south and east to the permit boundary, including mining Blue Seam coal in most of the permit <br />expansion area. Conversely, there is only a small panel of Allen Seam coal in the permit <br />expansion area that is planned for mining and no Apache Seam coal planned for mining. Based <br />on the historic workings on the mine plan map, there does not appear to be any historic workings <br />in the area. Why is NECC not planning to mine the Allen and Apache Seams in the permit <br />expansion area? <br />19. Based on the mine plan shown on proposed Map 3, it appears as though NECC is proposing to <br />pull pillars in the Allen Seam under the RDA. If this is, in fact, the plan, NECC will need to <br />address the subsidence control and mitigation plan for both the RDA and the RDA pond. In <br />addition, NECC will need to provide stability demonstrations for the RDA and the RDA pond. If <br />the proposed mine plan on Map 3 is in error and NECC is not planning on pulling pillars in the <br />Allen Seam under the RDA and RDA pond, please correct Map 3 as necessary. <br />20. Based on the mine plan shown on proposed Map 3, it appears as though NECC is proposing to <br />pull pillars in the Allen Seam under Colorado State Highway 12. If this is, in fact, the plan, <br />NECC will need to address the subsidence control and mitigation plan for the highway. In <br />addition, NECC will need to provide a stability demonstration for the highway. Finally, NECC <br />will need to contact the Colorado Department of Transportation and get their written approval to <br />subside Colorado Highway 12. If the proposed mine plan is in error and NECC is not planning <br />on pulling pillars in the Allen Seam under the Colorado Highway 12, please correct Map 3 as <br />necessary. <br />New Elk Mine PR -04 PAR Letter <br />4 20 April 2012 <br />