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Proposed Decision <br />The Colorado Division of Reclamation, Mining, and Safety proposes to approve with stipulations <br />an application for a permit renewal (RN -03) of a five -year permit to conduct surface coal mining <br />reclamation operations only. During the last five -year permit term, all activities have been <br />focused on reclamation, monitoring, and maintenance. Based on written correspondence received <br />November 4, 2003 during Permit Renewal No. 1 (RN -01), the applicant requested that the permit <br />be renewed for reclamation operations only. No detailed mine plan was proposed or approved <br />during the last five -year permit term. Mine plan information remains in the permit application for <br />historical purposes and serves as a description of the operations during the short life of the coal <br />mining and removal. In the event the operation desires to resume active mining, NECC would be <br />required to submit and receive approval of a permit revision for a mine plan, submit a new <br />reclamation cost estimate, and submit an acceptable reclamation bond prior to any additional <br />surface disturbance. <br />Life of mine information indicates both surface and underground coal reserves in the permit area, <br />as shown on Map 2.05.3- 1, Mine Plan. Haul roads originally constructed include the Lorencito <br />Canyon haul road and the Jeff Canyon haul road. The Jeff Canyon haul road was previously <br />approved via Technical Revision No. 6 (TR -06). A raw coal loadout was approved at the mouth <br />of Lorencito Canyon. The office area was located at the mouth of Jeff Canyon. As a result of an <br />industrial land use bond release (SL -02) that was reviewed concurrent with RN -02, and that <br />obtained final approval on June 15, 2008, all haul roads, access roads, the coal loadout, and the <br />office area have been fully bond released. <br />This decision is based on a finding that operations conducted by New Elk Coal Company will <br />comply with all requirements of the Colorado State Program as found in the Colorado Surface <br />Coal Mining Reclamation Act, C.R.S. 34 -33 -101 et seq., and the Regulations promulgated <br />pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first <br />publication of the issuance of this proposed decision, then this decision becomes final. The <br />permit application, all supporting documentation, and any stipulations or conditions will become <br />a binding part of the permit. <br />Stipulations and Revisions <br />Two stipulations were issued as a result of Permit Renewal No. 1 (RN -01): Stipulation Numbers <br />20 and 21. Of these, Stipulation No. 21 was terminated as a result of RN -02. <br />Stipulation No. 20 is proposed to remain active for RN -03, with slightly modified language. Due <br />to the uncertain future of active coal mining operations at this site, Stipulation No. 20 is <br />necessary to ensure that any future coal operations and disturbances are approved and bonded <br />prior to additional disturbance at the site. <br />Stipulation No. 20 <br />PERMIT RENEWAL NO. 3 (RN -03) IS A RENEWAL OF THE PERMIT AS A <br />RECLAMATION ONLY PERMIT. IN THE EVENT THAT THE LORENCITO CANYON <br />