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Findings of the Colorado Division of Reclamation,Mining and Safety <br /> for the New Elk Mine, PR5 Application Denial <br /> Explanation of Findings <br /> Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br /> Mining, and the approved state program,the Division of Reclamation, Mining and Safety or the Board <br /> must make specific written findings prior to issuance of a permit,permit renewal or permit revision. <br /> These findings are based on information made available to the Division that demonstrates that the <br /> applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act <br /> and the Regulations promulgated pursuant to the Act. The Division proposes to DENY the PR5 <br /> application due to the requisite findings required by this rule cannot be made. <br /> The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. <br /> The findings required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are <br /> organized under subject or discipline subtitles. <br /> Section A-Rule 2.07.6(2) <br /> 1. The PR5 application is not accurate and is incomplete due to the numerous outstanding adequacy <br /> review issues. All requirements of the Act and these rules have been not been complied with <br /> pursuant to Rule 2.07.6(2)(a). <br /> 2. Based on information contained in the permit application for PR5,the Division finds that the <br /> proposed revised surface coal mining and reclamation cannot be feasibly accomplished at the New <br /> Elk Mine pursuant to Rule 2.07.6(2)(b). <br /> 3. The assessment of the probable cumulative impacts of all anticipated coal mining in the general <br /> area on the hydrologic balance, as described in Rule 2.05.6(3),has been made by the Division. <br /> This assessment entitled "Cumulative Hydrologic Impact Assessment, Purgatoire River Basin" is <br /> available for inspection at the offices of the Division. The Division finds that the operations <br /> proposed under the PR5 application have not been designed to prevent damage to the hydrologic <br /> balance outside the proposed permit area. Please refer to Section B. subpart III(Probable <br /> Hydrologic Consequences) of this document for additional information. Therefore the Division <br /> cannot make the requisite findings required by Rule 2.07.6(2)(c). <br /> 4. On the basis of correspondence with the office of the State Historic Preservation Officer,the <br /> Division cannot find that, subject to valid existing rights as of August 3, 1977,the proposed <br /> revised PR5 mining operation will not adversely affect any publicly owned park or place listed on <br /> or eligible for listing in the National Register of Historic Places as determined by the State Historic <br /> Preservation Officer pursuant to Rule 2.07.6(2)(e)(1). <br /> 5. The Division has conducted the review of the information provided by NECC with PR5 for Rules <br /> 2.03.4(11) and(12),and 2.03.5(2), and has conducted an Applicant Violator System (AVS) <br /> review. NECC has not addressed all the Division's adequacy review issues identified associated <br /> with these rules and therefore cannot make the requisite findings for Rule 2.07.6(2)(g). <br /> 6. The Division has conducted the review of the information provided by NECC with PR5 for Rules <br /> New Elk Mine <br /> July 2022 Findings for PR5 <br /> 3 <br />