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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 C O L O R A D OQ I V I S 1 0 N O F <br />Denver, Colorado 80203 RECLAMATION <br />Phone: (303) 866 -3567 MINING <br />FAX: (303) 832 -8106 —&— <br />SAFETY <br />July 13, 2012 <br />John W. Hickenlooper <br />Re: New Elk Coal Mine, C1981 -012, First Quarter 2012 Waste Bank Inspection Report Review <br />Dear Mr. Thompson: <br />The Division previously sent a Waste Bank Inspection Review letter to New Elk Coal Company on February 8, <br />2012. Items identified in the February 8, 2012 letter, that have not been resolved by New Elk Coal Company are <br />restated below. <br />1. 4.10.2(2)(b) and (c): Noted in the 3r Quarter 2011 Wast Bank Report (RDA) under the heading "Activity <br />During Inspection:" is the statement, "Operator was relocating previously place refuse from the back <br />northwest quarter to the from one -third of the working surface." The Division believes this is a typo and <br />needs to be corrected. The sentence does not explain where the refuse was being moved to. Please <br />correct this part of the report. <br />2. On November 1, 2011 the Division sent NECC a review of the Second Quarter 2011 Waste Bank reports. <br />The Division identified that compaction data for DWDA 42 had not been included with the report and <br />requested that this information be submitted within two weeks of the Division's letter. To date, the <br />compaction data for second quarter 2011 DWDA 42 has not been received by the Division. Please <br />submit this data to the Division. <br />3. Rule 4.09. 1 (1 1)(b) requires submittal of the waste bank inspection reports within 2 weeks of conducting <br />the inspection. The Division has not yet received Fourth Quarter 2011 Waste Bank Reports for <br />DWDA, RDA, or DWDA #2. The reports should have been received no later than January 14, <br />2012. Please submit copies of the Fourth Quarter 2011 Waste Bank reports to the Division <br />immediately. <br />The Division received New Elk Coal Company's First Quarter 2012 Waste Bank Inspection Report on July 1, <br />2012. Two disposal areas were inspected by New Elk Coal Company, LLC and included in their report, the <br />Development Waste Disposal Area (DWDA) south of State Highway 12 and west of the main facility Access <br />Road and the Refuse Disposal Area (RDA) located north of State Highway 12 and the Middle Fork of the <br />Purgatoire River. Construction has been completed on the DWDA as well as reclamation of the surface. The RDA <br />is currently in construction and refuse has been intennittently placed in 1 -2 foot lifts where it is dried and then <br />compacted. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />Governor <br />Mr. Ron Thompson <br />Mine Manager <br />Mike King <br />New Elk Coal Company <br />Executive Director <br />122 W First Street <br />Loretta E. Pineda <br />Trinidad, CO 81082 <br />Director <br />Re: New Elk Coal Mine, C1981 -012, First Quarter 2012 Waste Bank Inspection Report Review <br />Dear Mr. Thompson: <br />The Division previously sent a Waste Bank Inspection Review letter to New Elk Coal Company on February 8, <br />2012. Items identified in the February 8, 2012 letter, that have not been resolved by New Elk Coal Company are <br />restated below. <br />1. 4.10.2(2)(b) and (c): Noted in the 3r Quarter 2011 Wast Bank Report (RDA) under the heading "Activity <br />During Inspection:" is the statement, "Operator was relocating previously place refuse from the back <br />northwest quarter to the from one -third of the working surface." The Division believes this is a typo and <br />needs to be corrected. The sentence does not explain where the refuse was being moved to. Please <br />correct this part of the report. <br />2. On November 1, 2011 the Division sent NECC a review of the Second Quarter 2011 Waste Bank reports. <br />The Division identified that compaction data for DWDA 42 had not been included with the report and <br />requested that this information be submitted within two weeks of the Division's letter. To date, the <br />compaction data for second quarter 2011 DWDA 42 has not been received by the Division. Please <br />submit this data to the Division. <br />3. Rule 4.09. 1 (1 1)(b) requires submittal of the waste bank inspection reports within 2 weeks of conducting <br />the inspection. The Division has not yet received Fourth Quarter 2011 Waste Bank Reports for <br />DWDA, RDA, or DWDA #2. The reports should have been received no later than January 14, <br />2012. Please submit copies of the Fourth Quarter 2011 Waste Bank reports to the Division <br />immediately. <br />The Division received New Elk Coal Company's First Quarter 2012 Waste Bank Inspection Report on July 1, <br />2012. Two disposal areas were inspected by New Elk Coal Company, LLC and included in their report, the <br />Development Waste Disposal Area (DWDA) south of State Highway 12 and west of the main facility Access <br />Road and the Refuse Disposal Area (RDA) located north of State Highway 12 and the Middle Fork of the <br />Purgatoire River. Construction has been completed on the DWDA as well as reclamation of the surface. The RDA <br />is currently in construction and refuse has been intennittently placed in 1 -2 foot lifts where it is dried and then <br />compacted. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />