2013-04-09_REVISION - C1981012

• Permit No: C1981012
• IBM Index Class Name: Revision
• Doc Date: 4/9/2013
• Doc Name: Order Requiring Revision of Permit Provisions
• From: DRMS
• To: Ron Thompson
• Type & Sequence: MT3
• Email Name: LDS
• Email Name: DIH
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
April 9th, 2013
John W. Hickenlooper
Governor
Ron Thompson
Mike King
Executive Director
New Elk Coal Company, LLC
12250 Highway 12,
Loretta E. Pineda
Director
Weston, CO 80182
Re: Order Requiring Revision of Permit Provisions
New Elk Coal Company, New Elk Mine
DRMS Permit No. C- 1981 -012
Dear Mr. Thompson,
On October 29, 2012, the Division of Reclamation, Mining and Safety (Division) issued to New Elk Coal
Company the Division's Mid -Term Review MT6 for the New Elk Mine. On December 13, 2012,
representatives for New Elk Coal Company met with Division staff to discuss the Mid -Term Review.
Subsequent to the December 13, 2012, meeting, the Division received a letter from Gorham Energy
Consultants dated December 19, 2012 responding to certain issues raised at the December 13th meeting.
On January 24, 2013, the Division received an e -mail from New Elk Coal Company requesting an
extension of the date to submit a Technical Revision to the New Elk Mine Permit responding to the Mid -
Term Review to February 28, 2013.
On February 1, 2013, the Division updated the October 29, 2012 reclamation cost estimate for the New
Elk Mine to reflect recently- updated reclamation cost values entered into CiRCES, the Division's
reclamation cost estimating program. The Division transmitted to Gorham Energy Consultants the
updated reclamation cost estimate via a DRMS letter dated February 5, 2013. On February 12, 2013, we
received an e -mail from Gorham Energy Consultants stating that a Technical Revision to DRMS Permit
C- 1981 -012 for the New Elk Mine would soon be submitted by New Elk Coal Company in response to
our October 29, 2012 Mid -Term Review. We have received no further correspondence from New Elk
Coal Company regarding a response to our October 29, 2012 Mid -term Review, nor has the Division
received a request for an informal conference pertaining to the Division's updated reclamation cost
estimate for the New Elk Mine dated February 1, 2013.
The Division therefore, in accordance with the provisions of Section 2.08.3(3) of the Regulations of the
Colorado Mined Land Reclamation Board for Coal Mining, hereby orders New Elk Coal Company to
submit to the Division a Technical Revision to DRMS Permit No. C- 1981 -012 by Tuesday, April 30,
2013 responding to the Division's Mid -Term Review MT6 and the Division's reclamation cost estimate
of February 1, 2013. The basis for this order is described in DRMS Mid -Term Review MT6, dated
October 29, 2012 and the Division's reclamation cost estimate of February 1, 2012, a copy of both
provided herein.
This Order is subject to administrative and judicial review, as described in Section 2.08.3(5) of the
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines