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STATE OF COLORADO <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 />April 13, 2011 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Permit Revision No. 2 (PR-02) <br />Mine Plan Revision <br />Dear Mr. Thompson: <br />COLORADO <br />D I V I S ION O F <br />RECLAMATION <br />MINING <br />SAFETY <br />The Division of Reclamation, Mining, and Safety (Division) has completed an <br />adequacy review of the materials submitted for Permit Revision No. 02 (PR-02) for <br />the New Elk Mine. Please respond to the issues noted below in bold text as soon <br />as possible. <br />General Discussion <br />Since many of the revised pages for PR-02 were submitted and found complete, <br />numerous revisions have been reviewed and approved, including TR-53, TR-54, <br />and most recently, TR-55. In addition, TR-56, which modifies many of the same <br />pages, sections, and exhibits as PR-02, is currently under active review and <br />revision. This has resulted in content and structural problems for many of the PR- <br />02 permit text pages. Until TR-56 page changes are received and approved, it may <br />be difficult to determine what if any changes are required for many of the PR-02 <br />pages. However, a number of adequacy issues could be identified and are as <br />follows. Please consider your responses to each of these questions keeping in <br />mind the changes currently being developed for TR-56 and the new approved <br />pages for TR-55 (now scanned and available to be viewed on-line as part of the <br />approved permit). <br />Rule 2.03 Legal, Financial, Compliance, and Related Information <br />1. In the DRMS/OSM Applicant Violator System (AVS), Earnest Cleave is listed <br />as a manager with a beginning date of January 4, 2010. However, he is not <br />listed in the revised permit materials for PR-02. Please revise page 2.03-4 <br />(revised 2/10) or submit an end date so that the AVS can be updated. <br />Office of Office of <br />Mined Land Reclamation Denver - Grand )unction - Durango Active and Inactive Mines