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Introduction <br /> This document is the proposed decision of the Colorado Division of Reclamation, Mining and Safety (the <br /> Division)for Surety Increase No. 4 (S14) at the New Elk Mine, Division file number Permit No. C-1981-012. <br /> The package contains three parts. These include: 1) procedures and summary of the bond increase process; <br /> 2) observations and findings of the Division regarding compliance with the performance bond requirements <br /> of the Colorado Surface Coal Mining and Reclamation Act (Act) and regulations promulgated thereunder; <br /> and 3)the Division's proposed decision on the surety increase. <br /> Detailed information about the review process can be found in the Act and the Regulations of the Colorado <br /> Mined Land Reclamation Board for Coal Mining (Rules). All Rules referenced within this document are <br /> contained within the Regulations. Detailed information about the mining and reclamation operations can be <br /> found in the permit application on file at on the Division's website(https:Hdnns.colorado.gov/). <br /> The New Elk Mine is an underground mine which is permitted and operated by New Elk Coal Company, <br /> LLC (NECC). The ownership of the land for which bond increase has been proposed is State and Private. <br /> The coal ownership is State and Private. <br /> L PROCEDURES AND SUMMARY OF THE INCREASE PROCESS <br /> The Division has initiated this surety increase in order to ensure compliance with Rule 3.02.1,which requires <br /> a performance bond for all requirements of the Act, Rules, and the approved reclamation plan. Rule <br /> 3.02.1(3)requires the performance bond to cover land within the permit area upon which surface coal mining <br /> and reclamation operations are to be initiated and conducted. Rule 3.02.1(4) states that liability of the <br /> performance bond shall continue until the entire reclamation plan has been completed. <br /> Rule 3.02.2(4) requires the Division to adjust the required performance bond as affected land acreages are <br /> increased or decreased or when the cost of future reclamation changes. Procedures for adjustment of the <br /> required performance bond include: <br /> (a) Notification of the permittee of any proposed bond adjustment, providing the permittee with an <br /> opportunity for an informal conference on the adjustment. <br /> On August 2, 2022 the Division provided NECC notice of the proposed bond adjustment and <br /> provided an opportunity for NECC to request an informal conference. NECC requested an informal <br /> conference which was held on August 10,2022. <br /> (b) Issuance of a written proposed decision by the Division to adjust the bond amount, publication of <br /> notice of the proposed decision in a newspaper of general circulation in the locality of the mining <br /> operation once a week for two weeks following issuance of the decision, and notification of the <br /> permittee the surety and any person with a property interest in the collateral who has requested <br /> notification. <br /> This document serves as the written proposed decision. A publication of the notice of the proposed <br /> decision will be initiated. <br /> (c) An opportunity for a formal hearing pursuant to Rule 2.07.4(3); <br />