2019-11-14_REVISION - C1981012 (11)

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any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act(2.07.6(2)(g)(i)). 8. New Elk Coal Company, LLC does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act(2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area(2.07.6(2)(i)). 10. The Division estimates the reclamation liability for mining operations in this permit term to be $4,166,596.08. The Division currently holds $4,133,137.02 in performance bonds for the New Elk Mine. NECC needs to submit an additional performance bond prior to issuance of a renewed permit(2.07.6(2)0)). 11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on a letter from the Soil Conservation Service dated October 24, 1980 that demonstrates that no prime farmland mapping units are found within the permit area(2.07.6(2)(k)). 12. Based on information provided in the application, the Division has determined that two alluvial valley floors exist within the permit or adjacent area. These alluvial valley floors are located within the Stonewall Valley and the Picketwire Valley. A thorough description of these alluvial valley floors, and the impacts on them due to mining at New Elk, is found in Section VIII of the January 11, 1989 Findings of Compliance (2.07.6(2)(k)). 13. The Division hereby approves the post-mining land use of the operation. It was determined industrial land use habitat meet the requirements of Rule 4.16 for the Jansen Loadout, and rangeland and wildlife habitat meet the requirements of Rule 4.16 for the rest of the permit area(2.07.6(2)(1)). 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). 15. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. No additional surface disturbance is planned or approved under this renewal (2.07.6(2)(n)). 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R(2.07.6(2)(o)). New Elk Mine November 2019 Findings for RN-07 11