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Section I <br />Introduction <br />This document presents the results of the Midterm Review of the New Elk Mine permit, conducted by the <br />Colorado Division of Reclamation, Mining and Safety (Division). The New Elk Mine is owned and operated by <br />New Elk Coal Company, LLC (NECC). This Midterm Review was conducted to fulfill the requirements of the <br />Colorado Surface Coal Mining Reclamation Act (Act), and Rules 2.08.3, 2.06.2(10), 2.06.3(4), 2.06.5(3), <br />2.06.7(5), and 3.02.2(4) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining (Rules), which were promulgated to implement the Act. <br />Rule 2.08.3 requires that the Division conduct a review of each permit issued not later than the middle of the <br />permit term. Based on this review, for good cause shown, the Division may require reasonable revisions to, or <br />modifications of, the permit provisions to ensure compliance with the Act and Regulations. <br />Rules 2.06.2, 2.06 .3, 2.06.5, and 2.06.7 require that during the midterm review, where applicable, experimental <br />practices, mountaintop removal variances, variances from approximate original contour (AOC), and variances <br />from contemporaneous reclamation, respectively, be reviewed by the Division. <br />Rule 3.02.2(4) requires that the Division review the amount of performance bond liability and the terms of <br />acceptance of the bond every two and one-half years. <br />This Midterm Review of the New Elk mine consisted of a detailed review of the New Elk Mine permit application <br />package and previous Division findings of compliance to ensure that the proposed operation is in compliance with <br />the Rules and Act. The Division also reviewed all subsequent revisions and stipulation responses to ensure that <br />all permit commitments and conditions were being followed. <br />