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Introduction <br /> This document is the decision package prepared by the Colorado Division of Reclamation, Mining and <br /> Safety(DRMS or Division)for the New Elk Mine. This document includes: 1)the proposed decision to <br /> DENY the permit revision application; 2) a summary which includes a history of the review of the permit <br /> revision application, 3)the written findings of non-compliance the Division has made as required by the <br /> Colorado Surface Coal Mining Reclamation Act(the Act). Detailed information concerning the findings <br /> can be found in the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. <br /> The Division received the Permit Revision No. 5 (PR5)application on June 24, 2021. The application <br /> was submitted by New Elk Coal Company, LLC(NECC). The mine is operated by NECC. The mine is <br /> located on state and private lands within Las Animas County, Colorado. No Public Land Survey has been <br /> conducted for a portion of the permit area. Therefore,the legal description of the lands included within <br /> the permit area is a metes and bounds description,which is included in Exhibit 34 of the permit. <br /> An approximation of the location of the permit area can be made using section numbers. The main <br /> portion of the permit area(which includes the main facilities,the Refuse Disposal Area,portal areas, and <br /> the affected area over mine workings) is in portions of Sections 13, 14,21, 22, 23,24, 25, 26, 27, 28, 34, <br /> 35 and 36 in Township 33S, Range 68W. The very southern portion of the main area is in parts of <br /> Sections 1 and 2 in Township 34S, Range 68W. The area that formerly included a vent shaft for the <br /> Golden Eagle Mine (Northwest Airshaft) is in Section 19 of Township 33S, Range 67W. The Jansen <br /> Loadout portion of the permit area is in Sections 22 and 23 in Township 33S, Range 64W. The <br /> monitoring wells are all in Township 33S, and they are in Ranges 67 (Sections 7, 8, 17, 18,and 33) and <br /> 68 (Sections 21 -25). <br /> Proposed Decision <br /> The Colorado Division of Reclamation, Mining and Safety proposes to DENY the Permit Revision No. 5 <br /> (PR5) application. <br /> This decision is based on a finding that the operations will not comply with all requirements of the <br /> Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. <br /> 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal <br /> hearing is made within thirty(30) days of the first publication of the issuance of this proposed decision, <br /> then this decision becomes final. <br /> New Elk Mine <br /> July 2022 Findings for PR5 <br /> 1 <br />