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• GCC <br />October 10, 2012 <br />State of Colorado <br />Department of Natural Resources <br />691 CR 233, Suite A -2 <br />Durango, CO 81301 <br />Attention: Marcia Talvitie <br />Re: King I Mine C- 1981 -035 <br />NOV- 2012 -003 <br />Dear Ms. Talvitie: <br />"Safety as a Value" <br />Telephone: 970.385.4528 <br />Facsimile 970.385 4638 <br />GCC Energy, LLC <br />6473 County Road 120 <br />Hesperus, Co 81326 <br />RECEIVED <br />OCT 0 2012 <br />DivisioA of Keciamation, <br />Mining and Safety <br />On July 10, 2012, a modification notice was issued by CDRMS to extend the time for <br />abatement of NOV CV- 2012 -003 to October 8, 2012. Attached to the application for <br />that extension, GCC Energy proposed an approximate timeline outlining the steps <br />necessary to abate the NOV. As listed in that timeline, the following actions have been <br />taken or are currently in progress. <br />1) Trautner Geotech has completed a final engineering report which details the <br />necessary designs for the coal mine waste to meet the performance standards <br />criteria. This report includes an additional report from CDS Environmental <br />Services (CDS) concerning ground water quality, soil samples, etc. <br />2) The Trautner Geotech report and additional documentation has been submitted <br />as Technical Revision #20 (TR -20). <br />3) CDRMS has reviewed TR -20 and has asked for additional information in order to <br />deem the revision complete. <br />4) The coal mine waste (CMW) which was placed on the west upper portal bench <br />has been moved to the main approved refuse pile. <br />As noted in the timeline submitted with the original NOV extension request, the <br />expected time to complete relocation and /or reconstruction of the coal mine waste on <br />the portal bench is November 30, 2012. As mentioned in item #4 above, work has <br />commenced to move part of the material and plans are underway to continue the <br />project. <br />As noted in paragraph three of the July 10, 2012 letter from Sandra Brown to Loretta <br />Pineda, additional time may be granted to abate the NOV to accommodate the timeline <br />