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Jason Musick <br />August 23, 2012 <br />half mine of the permit boundary. Those landowners were removed from pages 2.03 -6 <br />and 7 and Map 2.03.4 -1. <br />3. Page 2.03 -8 identifies compliance information and Notice of Violations received within <br />the last five years. Please update this section to identify violations by New Elk Coal <br />Company, LLC or Cline Mining. <br />NECC - Notice of violations received within the last five years were added to pages 2.03- <br />8, 9 and 10. <br />4. Page 2.03 -9 lists the current permit term dates. Please revise this page with the updated <br />permit term requested. <br />NECC - The permit term requested is now shown on page 2.03 -12 . <br />5. The Coal Lease Agreement with FR Hill Jr, dba FE Hill Company located in Exhibit 2 of <br />the PAP states, in Number 2, that the lease will not extend beyond December 31, 2010. <br />Please acknowledge if the lease is currently active and, if so, please provide information <br />to that effect. <br />NECC - The coal lease is not active. Paragraph 4 of the coal lease details Lorencito's <br />rights after termination. Lorencito continues to have the right to access the Leased Lands <br />for the purpose of complying with any applicable law, ordinance, or regulation, whether <br />concerning reclamation or otherwise. <br />6. Page 2.04 -39 identifies Map 2.04.9 -1 as the soils map of the LLC property. The <br />referenced Map was not identified in the permit. Please acknowledge if this map <br />reference is correct, if so, please provide a Map 2.04.9 -1 or omit the Map reference. <br />NECC - Map 2.04.9 -1 is listed in the table of contents and is available on Laserfiche <br />WebLink (PERMFILE # 130507 and 114838). <br />7. Page 2.05 -40 references Figure 2.05 -14q as the illustration of a portion of the Jeff <br />Canyon Haul Road. This Figure was not located in the approved PAP. Please update the <br />PAP to include this referenced Figure 2.05 -14q as needed. <br />NECC - Page 2.05 -40 was revised to state that some of the excess road cut material from <br />the 2002 widening of Colorado State Highway 12 was placed along the Jeff Canyon Haul <br />Road. The areas where the excess road cut material were placed are shown on the 2002 <br />annual reclamation report map. <br />8. Per Rules 2.04.11(4) and 2.05.6(2), please update T &E species and discuss potential <br />impacts to current State and Federal Threatened and Endangered plant and animal species <br />lists. The Federal and State listed species of concern may have changed since the last <br />revision. To find the most up to date lists, the following websites may be helpful: <br />http: / /www.fws.gov/ mountain - prairie / endspp /CountyLists /Colorado.pdf and <br />