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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 />June 8, 2012 <br />Mr. Ron Thompson <br />Mine Manager <br />New Elk Coal Company LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />Re: New Elk Mine, C1981 -012, 2011 Annual Reclamation Report Review <br />Dear Mr. Thompson: <br />COLORADO <br />Q I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division has reviewed New Elk Coal Company's 2011 Annual Reclamation report, <br />submitted February 8, 2012. The Division has identified the following three concerns with the <br />2011 Annual Reclamation Report for the New Elk Mine. <br />1. Review of the 2011 Annual Reclamation Report form shows NECC reporting that 35.14 <br />acres have previously been Phase I bond released. Were any of the 2011 disturbances <br />within the locations that had previously received Phase I bond release? If so, please <br />remove the re- disturbed acreage from the Phase 1 released total. <br />For example, if all 4.61 acres that are listed as "re- disturbed" in the cover letter table <br />(Bates portal storage area, road to slurry wells, and slurry well pads) had been in areas <br />that had received Phase 1 bond release, 35.14 acres -4.61 acres = 30.53 acres that have <br />been bond released. Since the approved re- disturbance areas have been re- bonded, the <br />Phase 1 released acreage needs to be adjusted accordingly. <br />2. Exhibit 29 of the New Elk permit states that the Annual Reclamation Report will be <br />incorporated into Exhibit 29. There is no evidence that the Annual Reclamation reports <br />have been incorporated into this exhibit. The Division was unable to locate any Rill and <br />Gully Reports submitted to the Division. Exhibit 29 states that "maintenance work <br />conducted during the year will be included in the annual report." Has NECC conducted <br />Rill and Gully monitoring in accordance with the approved Rill and Gully plan? Please <br />provide an annual rill and gully report to the Division for 2011, and discuss any <br />maintenance or repairs conducted by the operator in accordance with Exhibit 29. <br />3. If any weed control efforts were conducted in 2011, please provide information regarding <br />noxious species controlled, timing of control efforts, method of control (mechanical or <br />chemical), what herbicide used, if any, and a sketch of the general areas control efforts <br />were employed. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />