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69 <br /> <br />Section 2.05 TR-76 7/25/2022 <br />2(h) Compliance with Clean Water and Air Acts <br />The Applicant has valid Discharge and Air permit(s) issued the Colorado Department of <br />Public Health and Environment. The Applicant abides by the conditions of the permits to <br />assure compliance with Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Clean Water Act <br />(33 U.S.C. Sec. 1251 et seq.), and other applicable air and water quality laws and <br />regulations. The applicant also abides by its safety standards and those required by <br />MSHA to assure compliance with applicable health and safety standards. <br />2.05.5 Post-Mining Land Use <br />Similar to the pre-mining land use as determined by the Las Animas County Board and <br />coal rule definitions, the post-mining land use will consist of rangeland and wildlife <br />habitat. <br />Reclamation of the disturbed areas will provide a permanent cover of plant species which <br />are consistent with the planned post-mining land use. Particularly where wildlife habitat is <br />a post-mining land use, care will be taken to ensure that the growth of plant species will <br />attract and support wildlife will be carried out. Achievement of the post- mining land use <br />consisting of rangeland and wildlife habitat will be by the grading and backfilling plan and <br />the revegetation plan reviewed in Section 2.05.4 of this application. The 2.7-mile haul road <br />(TR-76) located on the railroad bed will not be reclaimed (Map 15a) and will remain as an <br />access road to the reclaimed surface facilities area and also serve as access to lands managed <br />by Colorado Parks & Wildlife. Upon release of bond and final revegetation, the land will be <br />returned to each of these uses, similar to the process which NECC currently uses on other <br />adjacent surface. NECC currently owns all of the surface which is affected by the New Elk <br />mining operations (excluding the pond 4 and DWP area owned by Colorado Parks and <br />Wildlife) and plans to retain ownership. Therefore, upon completion of final reclamation and <br />revegetation, the land use will be returned to each specific use and utilized by lessees or <br />renters. NECC will continue to maintain control over these areas consistent with the post- <br />mining land uses. Access to the revegetated area will be controlled to ensure that the post- <br />mining land uses are achieved as soon as possible. <br />2.05.6 Mitigation of Surface Coal Mining Operation Impacts <br />Air Pollution Control Plan <br />A determination has been made by the Colorado Department of Health that an air emission <br />permit is not required and that the New Elk Mine is "Grandfathered" from this portion of <br />the Colorado Air Pollution Control Act. Correspondence from the Colorado Department of <br />Health is shown in Exhibit 23, Air Emission Permits. However, new facilities associated <br />with the prep plant and refuse disposal area have been permitted through the Department of <br />Health. Exhibit 23, Air Emission Permits, presents correspondence from the Colorado <br />Department of Health indicating status of these permits for The New Elk preparation plant. <br />Mitigation of impacts to fish and wildlife, which currently and historically <br />have used the area around the New Elk Mine consists of minimizing the <br />total disturbed area during the life of the operation and by continuous efforts <br />to minimize disturbance and pollution to the existing environmental