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RECEIVED <br />COLORADO <br />MAR 12 2018 <br />Division of Reclamation, <br />Mining and Safety <br />Division of Reclamation, <br />Department of Natural Resources Mining & Safety <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />MINING PERMIT - COAL <br />Permit Date: February 16, 2018 Permit No. C-1996-084 <br />Permit Commencement Date: November 7, 2017 Permit Expiration Date: November 7, 2022 <br />THIS PERMIT is issued by the Division of Reclamation, Mining and Safety, Department of Natural <br />Resources, State of Colorado. <br />RECITALS <br />I. New Elk Coal Company, LLC ("operator") desires to conduct a mining operation known as the <br />Lorencito Canyon Mine for the purpose of extracting coal. <br />II. On February 16, 2018 the Division of Reclamation, Mining and Safety ("the Division") <br />approved the operator's application for this permit, fixed the amount of bond and directed that <br />this permit be issued upon the filing with the Division of bond in the amount so fixed in form <br />and substance approved by the Division, and such bond has been so furnished. <br />III. On January 11, 2018 the Division made the following findings: <br />(a) The permit application is accurate and contains all information required under C.R.S., <br />34-33-101 et seq. and regulations promulgated thereunder and that all the requirements of <br />Article 33 of Title 34, C.R.S. ("such article") for the issue of a permit have been complied <br />with; <br />(b) The applicant has demonstrated that reclamation as required by such article can be <br />accomplished under the reclamation plan contained in the permit application; <br />(c) The assessment of the probable cumulative impact of all anticipated mining in the area on <br />the hydrologic balance specified in Section 34-33-110(2)(1) has been made by the <br />Division and the proposed operation thereof has been designed to prevent material <br />damage to the hydrologic balance outside the permit area; <br />(d) Granting the permit will not conflict with any designation decision issued pursuant to <br />