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4/2/2014 State.co.us Executive Branch Mail - Fwd: New Elk- Lorencito Canyon Mine Permit No. C- 1996-084 <br />"Approve with conditions ". That decision means that stipulation(s) is /are attached. In this case <br />the stipulation (no. 20) is as follows: <br />20 - 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 />OPERATION IS PLANNED TO REOPEN FOR COAL MINING AND REMOVAL, THE <br />OPERATOR SHALL SUBMIT A PERMIT REVISION, RECEIVE APPROVAL FOR, AND <br />SUBMIT ANY INCREASE IN RECLAMATION BOND, PRIOR TO ANY ADDITIONAL <br />DISTURBANCE OF LANDS WITHIN THE PERMIT AREA. <br />It is not within the Division's remit to preclude the possibility of coal ever being mined again <br />within the permit area. However, the stipulation makes explicit the requirement for an approved <br />Permit Revision before any mining could occur. One of many prerequisites for a successful <br />Permit Revision of this nature would be a demonstration on the part of the permittee that they <br />had acquired the right to mine the coal from the mineral owners. <br />The intention both of the Division and of NECC at the current time is for NECC to successfully <br />complete the reclamation plan (including satisfaction of the minimum 10 year reclamation <br />liability), before applying for final bond release on the entire site, at which time the Division <br />would terminate jurisdiction and return the liability bond to NECC. As I have inferred, this is not <br />a trivial process. Furthermore, at this particular site the vagaries of the weather will be critical, <br />so the possibility remains that the permit will need to be renewed again before NECC is able to <br />demonstrate that the revegetation success criteria have been achieved. Please rest assured <br />that no mining is intended throughout this process, and even if it were, none could be legally <br />conducted without the express approval of MGP Mineral Enterprises. <br />303 866 3567 (8121) <br />On Mon, Mar 31, 2014 at 10:32 AM, <mgpminerals comcast.net> wrote: <br />Thank you for your response this morning to my message Leigh. I agree continued email <br />communication will be fine. <br />We suggest that our concerns can be addressed simply by rewording the permit renewal to <br />eliminate the question of coal mining operations occurring within the Lorencito Canyon by <br />New Elk Coal Company and restricting the permit renewal to ongoing reclamation efforts. <br />We understand and support the ongoing reclamation activities on the site which are <br />now limited to maintenance and repair of existing structures, erosion control and repair, and <br />possibly re- seeding. We understand that you are monitoring the remaining standards that <br />must be achieved which mainly have to do with the cover, production and diversity of <br />vegetation. We further understand that in order for the Division of Minerals and Geology to <br />https: / /mai l.g oog le.conVmai 1 /u /0 / ?ui =2 &i k=e29129fcb5 &view - pt &search =i nbox&th =1451 d98fcl9cbd10 &si ml =1451 d98fcl9cbdl0 2/5 <br />