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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 />November 2, 2011 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 W. First Street <br />Trinidad, CO 81082 <br />RE: Lorencito, Permit C- 1996 -084 <br />2011 Second Quarter Excess Spoil Fill Report <br />Dear Mr. Thompson <br />The Division has completed its review of the above referenced report received on 7 October 2011. We found the cover <br />letter for this excess spoil fill report is addressed for the third quarter, 2011. The actual report attached to the cover <br />letter is the second quarter excess spoil fill inspection. Please address this discrepancy. <br />The Division finds the 2011 Second Quarter Waste Bank Inspections Report is in compliance of the following Rules: <br />Rule 4.09.1(11)(a) – The fill was inspected for stability by a registered engineer or other qualified professional specialist. <br />Rule 4.09.1(11)(c) – A certified report addressing drainage systems was provided. <br />Rule 4.09.2 – Disposal of excess spoil in valley fills met all requirements. <br />The Division finds the 2010 Annual Reclamation Report appears to not be in compliance of the following Rule: <br />Rule 4.09.1(11)(b) – A qualified registered engineer did not provided a certified report after inspection of fill. The <br />qualified registered engineer did not include the stamp of authority with signature. Please resubmit the report with a <br />stamp of certification. <br />As a reminder, within two weeks after each inspection is the approved time of submission of the Quarterly Excess Spoil <br />Fill Report based on Rule 4.09.1(11)(b). The third quarter of 2011 ended September 30, therefore please submit <br />additionally the third quarter report. <br />If you have any questions, feel free to contact me. <br />Sincerely, <br />Zach Trujillo <br />Environmental Protection Specialist Intern <br />Office of <br />Mined Land Reclamation <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Govemor <br />Mike King <br />Executive Director <br />Loretta E. Pieeda <br />Director <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />