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Section I <br />Introduction <br />This document presents the results of the Midterm Review of the New Elk Mine permit, conducted by the Colorado <br />Division of Reclamation, Mining and Safety (Division). The New Elk Mine is owned and operated by New Elk Coal <br />Company, LLC. This Midterm Review was conducted to fulfill the requirements of the Colorado Surface Coal <br />Mining Reclamation Act (Act), and Rules 2.08.3, 2.06.2(9), 2.06.3(4), 2.06.5(3), 2.06.7(5), and 3.02.2(4) of the Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (Rules), which were promulgated <br />to implement the Act. <br />Rule 2.08.3 requires that the Division conduct a review of each permit issued not later than the middle of the permit <br />term. Based on this review, for good cause shown, the Division may require reasonable revisions to, or modifications <br />of, the permit provisions to ensure compliance with the Act and Regulations. <br />Rules 2.06.2, 2.06.3, 2.06.5, and 2.06.7 require that during the midterm review, where applicable, experimental <br />practices, mountaintop removal variances, variances from approximate original contour (AOC), and variances from <br />contemporaneous reclamation, respectively, be reviewed by the Division. <br />Rule 3.02.2(4) requires that the Division review the amount of performance bond liability and the terms of acceptance <br />of the bond every 21/2 years. <br />This Midterm Review of the New Elk mine consisted of a detailed review of the New Elk Mine permit application <br />package and previous Division findings of compliance to ensure that the proposed operation is in compliance with the <br />Rules and Act. The Division also reviewed all subsequent revisions and stipulation responses to ensure that all permit <br />commitments and conditions were being followed. <br />This document consists of six sections: <br />1. Section I outlines the Rules governing the review process. <br />2. Section 11 summarizes the Division's review of permit stipulations and actions since the last Permit <br />Renewal. <br />3. Section III provides a brief description of the mine history and the surrounding environment. <br />4. Section IV is a summary of the review of any previously approved experimental practices, mountaintop <br />removal variances, variances from approximate original contour (AOC), and variances from <br />contemporaneous reclamation. <br />5. Section V summarizes any enforcement actions issued since the permit was last renewed, and the <br />current status of any actions that were issued. <br />6. Section VI provides a summary of the permit review and discusses any problems identified as a result <br />of this review that required resolution. <br />7. Section VII summarizes the review of the reclamation cost estimate and the performance bond(s) held <br />by the Division. <br />New Elk Mine C1981 012 Mid Term 7 Page 3 <br />Date: August 2116 Prepared by: R Reilley File location: M:\Coal\Findings <br />