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<br /> <br />1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov <br />Jared Polis, Governor | Dan Gibbs, Executive Director | Virginia Brannon, Director <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />July 25, 2022 <br /> <br /> <br />Mark Gray <br />New Elk Coal Company, LLC <br />12250 Highway 12 <br />Weston, CO 81091 <br /> <br /> <br />Re: New Elk Mine (Permit No. C-1981-012) <br /> Denial - Proposed Decision <br /> Permit Revision Application No. 5 (PR-5) <br /> <br /> <br />Dear Mr. Gray: <br /> <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision Package <br />for Permit Revision No. 5 at the New Elk Mine. Notice of the proposed decision will be published in <br />the The Chronicle - News as soon as possible. The thirty (30) day public comment period for the <br />Division's decision will begin on the day following the first publication. <br /> <br />The Colorado Division of Reclamation, Mining and Safety proposes to DENY the Permit Revision <br />No. 5 (PR5) application for the New Elk Mine, DRMS permit number (C-1981-012). The decision <br />date arrived and New Elk Coal Company, LLC had not addressed all of the adequacy review items <br />the DRMS identified during the review of PR5. Please see the enclosed written findings document <br />for details about the rationale for denial of the PR5 application. <br /> <br />In accordance with Rule 2.07.4(3), you may request a formal public hearing before the Mined Land <br />Reclamation Board on the proposed decision. Such request must be made within thirty days of the <br />first publication of the Division's proposed decision, be in writing, and state with reasonable <br />specificity the reasons for the request and the objections to the proposed decision. <br />