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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />O L RA D O <br />1313 Sherman St., Room 215 <br />D I I V I E S I ION Of <br />D <br />Denver, Colorado 80203 <br />RECLAMATION <br />Phone: (303) 866 -3567 <br />MINING <br />FAX: (303) 832 -8106 <br />—&— <br />SAF ETY <br />February 14, 2013 <br />John W. Hickenlooper <br />Ron Thompson <br />Governor <br />New Elk Coal Company, LLC <br />Mike King <br />12250 Highway 12 <br />Executive Director <br />Weston, CO 81091 <br />Loretta Pineda <br />Director <br />RE: Open Exploration Project <br />Dear Mr. Thompson: <br />The Colorado Division of Reclamation, Mining, and Safety (Division) is in the process of reviewing <br />outstanding Notices of Intents (NOI) on file that have expired, but remain open. As a part of this review, <br />the Division is updating the reclamation cost estimates associated with theses NOIs per Rule 3.02.2(4). <br />New Elk Coal Company has one of these NOIs. <br />Regulatory requirements for final bond release include a submittal of drill hole abandonment reports for <br />holes drilled, a final reclamation report, a formal written request to the Division requesting for bond <br />release, and an on -site inspection of the reclaimed success of approved activities. The status and a <br />summary of the open NOI is listed below. <br />X- 2011 - 232 -01 <br />A $127,243.00 bond is held for the project known as the New Elk Mine 2011 Exploration Program <br />located in Section 19, T33S, R67W; Sections 1, 13, 24, T34S, R68W; Sections 7, 8, 16, 18, 21, 28, T34, <br />R67W in Las Animas County. Drill Hole Abandonment Reports have been received for holes NE- 06 -11, <br />NE- 10 -11, NE- 12 -11, NE- 13 -11, NE- 14 -11, NE- 15 -11, NE- 04 -12, and NE- 07 -12. A 180 -day Report was <br />received December 19, 2012 stating that the remaining holes will be drilled in 2013. This NOI expired on <br />September 30, 2012. <br />We ask you to consider the following: <br />1. If New Elk Coal Company requests the above mentioned NOI to remain active, please submit a <br />formal letter requesting the expiration to be extended to a date when all activities will be <br />completed, including the reclamation. <br />2. Per Rule 4.07.3(3), the operator shall submit abandonment report within 60 days after abandoning <br />a drill hole. Please submit abandonment reports for all holes drilled besides the ones listed above. <br />Report forms are located on the Division's website at http: / /mining.state.co.us /. <br />If you have any questions, please contact me at (303)866 -3567 ext. 8147. <br />Sincerely, <br />1 toff R. Russell <br />Environmental Protection Specialist <br />Office of Page 1 of 1 Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />