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any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br /> any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br /> Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. 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 <br /> term to be $4,166,596.08. The Division currently holds $4,133,137.02 in performance <br /> bonds for the New Elk Mine. NECC needs to submit an additional performance <br /> bond prior to issuance of a renewed permit(2.07.6(2)0)). <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 industrial land use habitat meet the requirements of Rule 4.16 for the Jansen <br /> Loadout, and rangeland and wildlife habitat meet the requirements of Rule 4.16 for the rest <br /> of the 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)(o)). <br /> New Elk Mine <br /> November 2019 Findings for RN-07 <br /> 11 <br />