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Dan Hernandez <br />September 10, 2012 <br />Page 3 <br />2. At some point the vent shaft will need to be permanently sealed. How will New Elk Coal <br />Company comply with Rule 4.07 Sealing of Drilled Holes and Underground Openings <br />for the Bates Shaft project? Specifically Rule 4.07.3(2) requires that holes completed in <br />aquifers be sealed using cement or other suitable sealant by placing the sealant in the hole <br />from the bottom to within 10 feet of the surface. Holes which have multiple aquifers or <br />bedrock aquifers not exhibiting artesian flow at the surface may be sealed using a solid <br />cement plug or other suitable media approved by the Division extending 20 feet above <br />and below the water bearing zone. Please provide the division with a detailed sealing <br />plan for the Bates Shaft. <br />Please let me know if you have questions or require additional information. <br />C: Project File <br />