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STATE OF <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />LORADO <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />March 2, 2010 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 80182 <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Minor Revision No. 92 (MR- 92) <br />Temporary Storage of Coal Waste and Development Waste during Rehabilitation <br />of the Mine <br />Dear Mr. Thompson: <br />We have received your application for a minor revision to your permit to conduct coal mining in <br />Colorado. Our initial review indicates that all preliminary items required by Rule 2.08.4(5) have <br />not been submitted. Thus, your application is incomplete for the purposes of filing as of March <br />2, 2010. Please submit responses to the following questions and where necessary and as <br />noted, include the discussion as permit text in the appropriate portion of the permit application. <br />• Please describe in your cover letter discussion why the conveyor cannot be used at <br />present. Describe the problems with getting the conveyor up and running at the <br />moment, the costs involved in getting it operational enough to convey this waste, and <br />the amount of time it would take to get it running. <br />Please include in your cover letter whether NECC would be willing to consider re- <br />designating the access road to the RDA as a haul road. This should include a <br />discussion of what the State Highway 12 crossing safety issues are, and how those <br />could be offset with CDOT-approved highway flagmen or other methods, as <br />appropriate. <br />• Please include as permit text detailed time commitments regarding the length of time <br />the underground development waste would reside in the coal stockpile areas. As <br />previously discussed, the mine is currently aware of the need to receive approval for <br />final disposition of coal mine waste in the long-term and is working on the necessary <br />permitting in a forthcoming Permit Revision. The Division's current understanding is <br />the need for temporary storage is a number of months at the maximum. <br />• A discussion in the permit text of how NECC will ensure that the coal mine <br />development waste stored in the coal stockpile areas does not spontaneously <br />combust. If spontaneous combustion is not a problem, the permittee should discuss <br />why not. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines