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Proposed Decision <br />The Colorado Division of Reclamation, Mining, and Safety proposes to approve an application <br />for a permit renewal (RN -04) of a five-year permit to conduct surface coal mining reclamation <br />operations only. During the last five-year permit term, all activities have been focused on <br />reclamation, monitoring, and maintenance. Based on written correspondence received November <br />4, 2003 during Permit Renewal No. 1 (RN -01), the applicant requested that the permit be <br />renewed for reclamation operations only. No detailed mine plan was proposed or approved <br />during the last five-year permit term. Mine plan information remains in the permit application for <br />historical purposes and serves as a description of the operations during the short life of the coal <br />mining and removal. In the event the operation desires to resume active mining, NECC would be <br />required to submit and receive approval of a permit revision for a mine plan, submit a new <br />reclamation cost estimate, and submit an acceptable reclamation bond prior to any additional <br />surface disturbance. <br />Life of mine information indicates both surface and underground coal reserves in the permit area, <br />as shown on Map 2.05.3- 1, Mine Plan. Haul roads originally constructed include the Lorencito <br />Canyon haul road and the Jeff Canyon haul road. The Jeff Canyon haul road was previously <br />approved via Technical Revision No. 6 (TR -06). A raw coal loadout was approved at the mouth <br />of Lorencito Canyon. The office area was located at the mouth of Jeff Canyon. As a result of an <br />industrial land use bond release (SL -02) that was reviewed concurrent with RN -02, and that <br />obtained final approval on June 16, 2008, haul roads, access roads, the coal loadout, and the <br />office area have been fully bond released. <br />This decision is based on a finding that operations conducted by NECC will comply with all <br />requirements of the Colorado State Program as found in the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. <br />If no request for a formal hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. The permit application, all <br />supporting documentation, and any stipulations or conditions will become a binding part of the <br />permit. <br />Stipulations and Revisions <br />Only one stipulation for the Lorencito Canyon Mine, Stipulation No. 20, has not been terminated <br />or complied with. Due to the uncertain future of active coal mining operations at this site, <br />Stipulation No. 20 is necessary to ensure that any future coal operations and disturbances are <br />approved and bonded prior to additional disturbance at the site. <br />Stipulation No. 20 <br />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 />