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New Elk Coal Company, LLC does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $4,034,998.07 (based on reclamation cost estimate performed during the midterm <br />review of 2016 (MT -07). The Division currently holds $4,133,137.02 in performance <br />bonds for the New Elk Mine. NECC need not submit an additional performance bond <br />prior to issuance of a renewed permit (2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on a letter from the Soil Conservation Service <br />dated October 24, 1980 that demonstrates that no prime farmland mapping units are found <br />within the permit area (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that two <br />alluvial valley floors exist within the permit or adjacent area. These alluvial valley floors <br />are located within the Stonewall Valley and the Picketwire Valley. A thorough description <br />of these alluvial valley floors, and the impacts on them due to mining at New Elk, is found <br />in Section VIII of the January 11, 1989 Findings of Compliance (2.07.6(2)(k)). <br />13. The Division hereby approves the post -mining land use of the operation. It was <br />determined that rangeland and wildlife habitat meet the requirements of Rule 4.16 for the <br />permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats. No additional surface disturbance is <br />planned or approved under this renewal (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, the operator is current in the payment of reclamation fees required by 30 CFR <br />Chapter VII, subchapter R (2.07.6(2)(0)). <br />New Elk Mine <br />Findings for RN -06, May 11, 2017 <br />10 <br />