Laserfiche WebLink
New Elk Mine, PR5 Adequacy Review 1 <br />September 2, 2021 <br />Page 2 of 6 <br />8. The currently approved Permit Application Package (PAP) contains pages 5a, 6, 7 and 8. These pages include <br />the information that pertains to Rule 2.03.5. This information would be deleted if they are replaced by proposed <br />revised pages 5-8 with PR5. Please revise the organization and pagination for proposed revised pages 5-8 so <br />that the information currently included in portions of Page 5a, and all of pages 6, 7, and 8 are maintained in the <br />PAP. <br />9. DRMS conducted an Applicant/Violator System (AVS) check based on the current information and revised <br />information submitted for section 2.03.4 of the permit. Also, Amon Mahon identified as a Director of New <br />Elk Coal Company, LLC on Allegiance Coal's website was included in this check. Attached are Evaluation <br />Reports from AVS. Violations and cessation orders were found for Larry Cook and Amon Mahon. A bond <br />forfeiture was noted for Amon Mahon. Please address each of these items listed in the Evaluation Reports and <br />supply the information required by Rule 2.03.5(1)(c). Please note in accordance with Rule 2.07.6(1)(b) that <br />the Division shall not issue the permit if any surface coal mining and reclamation operation that is directly <br />owned or controlled by the applicant and has a unabated or uncorrected violations; or is indirectly controlled <br />by the applicant or operator and has an unabated or uncorrected violations and that control was established <br />or the violations were cited after November 2, 1988. <br />Rule 2.03.6 — Ri2ht of Entry Information <br />10. The legal description of the proposed permit boundary does not appear to be updated with the proposed PR5 <br />expansion. Please provide a new legal description of the permit area. <br />11. Currently the detailed legal description of the permit boundary is listed on pages 8 and 9 of the PAP. Proposed <br />revised page 12 appears to be the replacement for current page 9. Please insure the organization and pagination <br />of this section is correct taking into account the adequacy items listed above and taking into account for how <br />proposed revised page 12 should be treated. <br />12. It is difficult to verify which documents included in proposed Exhibit 34 is the basis for the applicant's legal <br />right to enter and begin operations. Pursuant to Rule 2.03.6(1), please update Section 2.03.6 of the permit to <br />provide a list of the documents upon which the applicant bases their legal right to enter. This list shall identify <br />those documents by type and date of execution, and identify lands to which they pertain, and an explanation of <br />the legal rights claimed by the applicant in accordance with Rule 2.03.6(1). <br />Rule 2.04.3 — General Requirements: Site Description and Land Use information: <br />13. The current approved permit area for the New Elk Mine is 4,201.90 acres with the approval of TR72, and PR5 <br />seeks to increase the permit area by 2,856 acres for a total permit area of 7,057.9 acres. Please revise the <br />narrative of proposed revised page 1 of permit section 2.04.3 to reflect this. Also please update Table 5 on <br />page 1 and proposed page la to reflect this. <br />14. The current approved disturbance area for the New Elk Mine is 227.8 acres with the approval of TR72 and <br />TR74, and PR5 does not seek any additional disturbed acreage. Please revise the narrative of proposed revised <br />page 1 of permit section 2.04.3 to reflect this. Also, please update Table 5 on page 1 and proposed page la to <br />reflect this. <br />