2014-03-31_REVISION - C1996084 (3)

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3/31/2014 State.co.us Executive Branch Mail -Re: New Elk- Lorencito Canyon Mine Permit No. C- 1996-084 Simmons - DNR, Leigh <leigh.simmons @state.co.us> Mon, Mar 31, 2014 at 11:40 AM To: mgpminerals @comcast.net Cc: Sandy Brown - DNR <sandy.brown @state.co.us >, Alysha Hernandez - DNR <alysha.hernandez @state.co.us> Mr Meggison, Thanks very much for your swift response. The suggestion that you make with regard to the wording of the permit renewal is essentially the approach that the Division has taken in this case, as far as is possible within the rules. Rather than simply "Approve" the renewal application, the decision we have proposed is to "Approve with conditions ". That decision means that stipulation(s) is /are attached. In this case the stipulation (no. 20) is as follows: 20 - PERMIT RENEWAL NO. 3 (RN -03) IS A RENEWAL OF THE PERMIT AS A RECLAMATION ONLY PERMIT. IN THE EVENT THAT THE LORENCITO CANYON OPERATION IS PLANNED TO REOPEN FOR COAL MINING AND REMOVAL, THE OPERATOR SHALL SUBMIT A PERMIT REVISION, RECEIVE APPROVAL FOR, AND SUBMIT ANY INCREASE IN RECLAMATION BOND, PRIOR TO ANY ADDITIONAL DISTURBANCE OF LANDS WITHIN THE PERMIT AREA. It is not within the Division's remit to preclude the possibility of coal ever being mined again within the permit area. However, the stipulation makes explicit the requirement for an approved Permit Revision before any mining could occur. One of many prerequisites for a successful Permit Revision of this nature would be a demonstration on the part of the permittee that they had acquired the right to mine the coal from the mineral owners. The intention both of the Division and of NECC at the current time is for NECC to successfully complete the reclamation plan (including satisfaction of the minimum 10 year reclamation liability), before applying for final bond release on the entire site, at which time the Division would terminate jurisdiction and return the liability bond to NECC. As I have inferred, this is not a trivial process. Furthermore, at this particular site the vagaries of the weather will be critical, so the possibility remains that the permit will need to be renewed again before NECC is able to demonstrate that the revegetation success criteria have been achieved. Please rest assured that no mining is intended throughout this process, and even if it were, none could be legally conducted without the express approval of MGP Mineral Enterprises. Leigh Simmons Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 303 866 3567 (8121) On Mon, Mar 31, 2014 at 10:32 AM, <mgpminerals @com cast. net> wrote: Thank you for your response this morning to my message Leigh. I agree continued email communication will be fine. https: / /mai l.g oog le.conVmai 1 /u /0 / ?ui =2 &i k=e29129fcb5 &view= pt &search =i nbox&th= 145193a8l59a7504 &si ml= 145193a8l59a7504 1/4