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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 />Mav 17, 2012 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 80182 <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 />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Minor Revision No. 117 (MR -117) <br />Create temporary storage pile for approximately 10,000 CY of development waste to be <br />stored in subsoil storage area. <br />Dear Mr. Thompson: <br />We have received your minor revision application to revise your permit to conduct coal mining in Colorado. <br />Our initial review indicates that all preliminary items required by the Colorado Surface Coal Mining <br />Reclamation Act, Section 3 14- 3 1- 3 1-101 et seq., C.R.S., have been submitted. Thus, your application has been <br />considered complete for the purposes of filing as of May 17, 2012. All review and comment periods as <br />provided in the Act and the Regulations initiate from this date of filing. <br />The Division is currently reviewing your revision application to deterinine whether the items you have <br />submitted are adequate in terms of meeting the requirements of the Act and Regulations. The Division will <br />either issue a decision or inform you of adequacy issues regarding the application on or before May 27, 2012. <br />The Division is evaluating the proposed plan, but has the following comments regarding the proposed <br />temporary DWDA design. <br />1. Please assure that the construction of the Temporary DWDA is in compliance with Rule 4.10. <br />2. Please assure that the topsoil stockpile located immediately south of the proposed temporary DWDA <br />is protected from contamination in accordance with Rule 4.063(2). <br />If you have any questions, please contact me. <br />Sincerely, <br />( <br />Janet H. Bums <br />Environmental Protection Specialist III <br />cc: Talnlne Bishop, JE Stover and Associates <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />