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Notice of Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety (Division) has issued a proposed <br />decision to withdraw Surety Increase No. 2 (SI -2) for the New Elk Mine, Permit No. C-1981-012. <br />The mine is operated by New Elk Coal Company, LLC (NECC) under the provisions of the <br />Colorado Surface Coal Mining Reclamation Act of 1979. The affected area is located in Las <br />Animas County, approximately 25 miles West of Trinidad, Colorado. <br />As a result of a midterm review in 2012, the Division assessed the required reclamation liability to <br />be $4,522,459.44. This would have required an additional bond amount of $389,292.42. However, <br />the Division and NECC have resolved the bonding discrepancy through other permitting <br />mechanisms, and this surety increase is now being withdrawn. <br />Per rule 3.02.2 (4) (a), the permitee may request an informal conference. <br />Copies of the proposed decision are available for review at the Colorado Division of Reclamation, <br />Mining and Safety office, 1313 Sherman Street, Room 215, Denver, Colorado 80203, and on the <br />Division's website at <br />http://mining.state.co.us/Reports/Minin�,)Data/Pales/ImagedDocumentData.aspx. A user's guide <br />for our document imaging system is also available in pdf format at the same web address. <br />Any person who has an interest which is or may be adversely affected may request an adjudicatory <br />hearing regarding this proposed decision. Requests for a hearing must be made in writing within <br />thirty (30) days of the first publication of this notice, and shall state with reasonable specificity the <br />reasons for the request and objections to the proposed decision. <br />