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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)(h). <br /> 7. The Division finds that surface coal mining and reclamation operations to be performed under this <br /> proposed permit revision(PR5)will be inconsistent with other such operations anticipated to be <br /> performed in areas adjacent to the permit area pursuant to Rule 2.07.6(2)(1). <br /> 8. The Division estimates the reclamation liability for mining operations in this permit term to be <br /> $5,218,954. The Division currently holds $4,647,856.08 in performance bonds for the New Elk <br /> Mine. NECC needs to submit an additional performance bond prior to issuance of a revised permit <br /> pursuant to Rule 2.07.6(2)(j). Given the denial of PR5,the Division will issue a required surety <br /> increase notice to NECC. <br /> 9. Specific approvals have not been granted with PR5. Specific unresolved items are addressed in the <br /> following section, Section B pursuant to Rule 2.07.6(2)(m). <br /> 10. The Division cannot find that the activities proposed by the applicant with PR5 would not affect <br /> the continued existence of endangered or threatened species or result in the destruction or adverse <br /> modification of their critical habitats. No additional surface disturbance is planned or proposed <br /> under this revision. However,the applicant did not sufficiently demonstrate that subsidence would <br /> not occur and therefore the Division could not find that additional surface area would not be <br /> disturbed as a result of the proposed PR5 mining operation. Therefore the Division cannot make <br /> the requisite finding under Rule 2.07.6(2)(n). <br /> Section B -Rule 4 <br /> This section discusses specific approval issues (see item 9. in Section A above). <br /> III. Hydrologic Balance -Rule 4.05 <br /> 1. NECC has not addressed the adequacy review issues pertaining to the hydrologic balance under <br /> Rule 2.04 and 2.05,therefore the Division cannot find the proposed PR5 revised operation would <br /> be planned or conducted to minimize disturbances to the prevailing hydrologic balance in both <br /> the mine plan and adjacent areas, and to prevent material damage to the hydrologic balance <br /> outside of the permit area in order to prevent long-term adverse changes in the hydrologic <br /> balance. Therefore the Division cannot find NECC would comply with the performance <br /> standards of Rule 4.05. <br /> XIII. Protection of Fish,Wildlife and Related Environmental Values <br /> 2. The PR5 application did not anticipate disturbance of any additional surface area as a result of the <br /> revised mining operation. However,NECC did not adequately demonstrate subsidence would not <br /> impact the land surface above the proposed working proposed with PR5 and therefore the <br /> Division cannot find NECC would comply with the performance standards for the protection of <br /> Fish,Wildlife, and Related Environmental Values pursuant to Rule 4.18. <br /> New Elk Mine <br /> July 2022 Findings for PR5 <br /> 4 <br />