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General <br />Sincerely, <br />Attachments <br />Page 7 of 7 <br />public roads include Division of Parks and Wildlife roads that are legally accessed by the public. <br />Roads that are gated for the exclusive use of XTO Energy do not need to have mine <br />identification signs in place. <br />Rule 4.20 — Subsidence Control <br />34. With the submittal of PR -04, NECC is proposing to affect an additional 2,942.8 acres of land. <br />This acreage includes new areas of mining that are outside of the currently approved permit <br />boundary (but within the proposed new permit boundary). The newly proposed mining includes <br />undermining or mining up to numerous additional methane wells, pipelines, roads and other <br />associated infrastructure. However, NECC has not submitted an updated subsidence monitoring <br />and control plan or any proposed new subsidence monitoring locations. The currently approved <br />subsidence monitoring plan, contained in Exhibit 24, was last updated with Technical Revision <br />58, which was approved on 28 October 2011. Please update the subsidence monitoring and <br />control plan, contained in Exhibit 24, to include all of the new affected and permit areas <br />proposed in PR -04. <br />35. Please be aware that, pursuant to Rule 4.20.2, all property owners within the area above the <br />underground workings and adjacent areas (within one half mile) must be notified by mail at least <br />six months prior to mining beneath the property. This includes all wells, pipelines and other <br />structures to be undermined. Please provide the Division with a list of all property owners <br />whose property will be undermined and a sample landowner notification letter. <br />36. The proposed mining in the permit boundary expansion includes the undermining of several <br />stream channels. Please determine if there are any alluvial valley floors within these stream <br />channels that must be protected. <br />37. Please provide the Division with a copy of the affidavit of publication for the public notice that <br />was scheduled to be published after the PR -04 application was deemed complete. <br />This concludes the Division's preliminary adequacy for the New Elk Mine's PR -04. As stated above, <br />the proposed decision date for this revision is 22 June 2012. NECC's prompt response to the above <br />questions will help ensure that we meet this proposed decision date. Please contact me at (303) 866- <br />3567 X8145 if you have any questions or comments. <br />-.7777 <br />James R Stark <br />Environmental Protection Specialist <br />New Elk Mine PR -04 PAR Letter <br />7 20 April 2012 <br />