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U.S. Department of Labor <br />MAR 15 2013 <br />Denis Wilson <br />Surface Coordinator <br />New Elk Coal Company LLC <br />12250 Hwy 12 <br />Weston, Colorado 81091 <br />Dear Mr. Wilson: <br />The annual impoundment report, received by email February 15, 2013, for the above <br />referenced structure, has been reviewed and will be filed in the mine file in accordance <br />with 30 CFR 77.216 -4(a). <br />The submitted report covered the reporting period of calendar year 2012, therefore, <br />Citation # 8481609 has been terminated and the termination notice is enclosed. The <br />annual impoundment report must be received by the end of January of each year. <br />If you have any questions regarding this letter, please contact Ron Gehrke at <br />303 - 231 -5587 or Sid Hansen at 303 - 231 -5458. <br />Sincerely, <br />Enclosure <br />--? as1/4i6L-- <br />illiam M. Sergent <br />2 Acting District Manager <br />Mine Safety and Health Administration <br />PO Box 25367 <br />Denver, Colorado 80225 <br />Coal Mine Safety and Health <br />District 9 <br />RE: New Elk Preparation Plant <br />Mine ID No. 05 -04461 <br />Sedimentation Pond <br />ID No. 1211-0009-04461-04 <br />Annual Impoundment Report <br />Citation No. 8481609 <br />