2011-09-27_REVISION - C1981012 (2)

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Hernandez, Daniel From: Hernandez, Daniel Sent: Tuesday, September 27, 2011 4:35 PM To: 'Susan Patton' Cc: Ron Thompson; jestover @bresnan.net; HL Weber; Berry, David Subject: RE: 723 -01 New EIk Coal Minor Revision Application MR97 Hi Susan — Thanks for the submittal of the application for Minor Revision MR97. MR97 is Complete as of today. Please address the following adequacy review items: 1. Is the map provided in the MR97 application revising a Page /Map /Figure /Exhibit that currently exists in the New Elk Permit? If so, which Page /Map /Figure /Exhibit is being revised? If not, you will need to identify what new Page /Map etc you wish to label the submitted map, and where in the New EIk permit you wish it to be placed. 2. Please add the proposed new temporary substation /tranformer pad to the list of surface facilities in the New EIk Permit (Tablel9). 3. The map provided with MR97 appears to propose the addition of two new radial stackers atop the Refuse Disposal Area. These 2 radial stackers do not seem to be on the existing list of surface facilities (Table 19) nor seem to be shown on the current version of Map 11, Sheet 3, in the New Elk Permit. Are these radial stackers described somewhere within the existing New EIk Permit? If not, does New EIk Coal Company wish to utilize MR97 as the vehicle with which to approve these 2 new radial stackers? 4. Will creating the new cuts into the hillside east of the Refuse Conveyor require blasting? If so, how will flyrock be prevented from landing onto, or rolling down onto, State Highway 12? 5. Will the surface water runoff from the new cuts into the hillside east of the Refuse Conveyor be directed to the RDA pond? If so, how? If not, how will this disturbed area runoff be treated? 6. How will the new cuts into the hillside east of the Refuse Conveyor be reclaimed? Has the cost of removing the new expandable conveyor already been described in the existing reclamation cost estimate for the New EIk Mine? Has the cost of removing the new temporary substation /transformer pad been described in the existing reclamation cost estimate? 7. If the 2 radial stackers shown on the map provided w the MR97 application are not currently approved in the New EIk Permit, please revise the existing reclamation cost estimate to describe the cost of removing these radial stackers. 8. Will New Elk Coal Company need some type of approval from the Colorado Department of Transportation to bring the proposed conveyor onto the Refuse Disposal Area from State Highway 12? If so, please provide an updated Table 2 to include a description of this permit /license /approval. If not, how will New EIk Coal Company ensure the flow of traffic on State Highway 12 will not be adversely affected by the bringing of the conveyor onto the Refuse Disposal Area from State Highway 12? Thank you for your attention to these matters. Please do not hesitate to contact me if you have any questions. Dan Daniell. Hernandez Daniel I. Hernandez 1