2020-10-22_PERMIT FILE - C1981012A ‎(4)‎

• Permit No: C1981012A
• IBM Index Class Name: Permit File
• Doc Date: 10/22/2020
• Section_Exhibit Name: Section 2.05 Operation and Reclamation Plan
• Media Type: D
• Archive: Yes

M.
2(h) Compliance with Clean Water and Air Acts
The Applicant has valid Discharge and Air permit(s) issued the Colorado Department of
Public Health and Environment. The Applicant abides by the conditions of the permits to
assure compliance with Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Clean Water Act
(33 U.S.C. Sec. 1251 et seq.), and other applicable air and water quality laws and
regulations. The applicant also abides by its safety standards and those required by
MSHA to assure compliance with applicable health and safety standards.
2.05.5 Post -Mining Land Use
Similar to the pre -mining land use as determined by the Las Animas County Board and
coal rule definitions, the post -mining land use will consist of rangeland and wildlife
habitat.
Reclamation of the disturbed areas will provide a permanent cover of plant species which
are consistent with the planned post -mining land use. Particularly where wildlife habitat is
a post -mining land use, care will be taken to ensure that the growth of plant species will
attract and support wildlife will be carried out. Achievement of the post- mining land use
consisting of rangeland and wildlife habitat will be by the grading and backfilling plan and
the revegetation plan reviewed in Section 2.05.4 of this application. Upon release of bond
and final revegetation, the land will be returned to each of these uses, similar to the process
which NECC currently uses on other adjacent surface. NECC currently owns all of the
surface which is affected by the New Elk mining operations (excluding the pond 4 and
DWP area owned by Colorado Parks and Wildlife) and plans to retain ownership.
Therefore, upon completion of final reclamation and revegetation, the land use will be
returned to each specific use and utilized by lessees or renters. NECC will continue to
maintain control over these areas consistent with the post -mining land uses. Access to the
revegetated area will be controlled to ensure that the post -mining land uses are achieved as
soon as possible.
2.05.6 Mitigation of Surface Coal Mining Operation Impacts
Air Pollution Control Plan
A determination has been made by the Colorado Department of Health that an air emission
permit is not required and that the New Elk Mine is "Grandfathered" from this portion of
the Colorado Air Pollution Control Act. Correspondence from the Colorado Department of
Health is shown in Exhibit 23, Air Emission Permits. However, new facilities associated
with the prep plant and refuse disposal area have been permitted through the Department of
Health. Exhibit 23, Air Emission Permits, presents correspondence from the Colorado
Department of Health indicating status of these permits for The New Elk preparation plant.
Mitigation of impacts to fish and wildlife, which currently and historically
have used the area around the New Elk Mine consists of minimizing the
total disturbed area during the life of the operation and by continuous efforts
to minimize disturbance and pollution to the existing environmental
Section 2.05 RN -6 10/17/2016