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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE SUSPENSION OF PERMITS FOR FAILURE TO <br /> ABATE VIOLATIONS AND CESSATION ORDERS, NEW ELK COAL <br /> COMPANY, LLC, File Nos. No. C-1981-012 and No. C-1996-084 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> March 19, 2025 for a hearing on the suspension of permits for failure to abate <br /> violations and cessation orders by New Elk Coal Company, LLC ("Operator"), <br /> Permit Nos. C-1981-012 and No. C-1996-084. Amber Gibson, Jared Ebert, Jason <br /> Musick and First Assistant Attorney General Jeff Fugate appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). There was no appearance <br /> on behalf of Operator. Scot Anderson, Esq., and Eldon Strid appeared on behalf of <br /> the Hill Family, an interested party, and Daniel Waxman appeared on behalf of the <br /> Indemnity National Insurance Company, the surety. <br /> The Board, having considered the presentations, testimony, and evidence, <br /> and being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds reclamation permits for two mines, numbers C-1981- <br /> 012 and No. C-1996-084. Permit number C-1981-012 is an underground coal mine <br /> permitted for 4,213.6 acres, located in Section 24, Township 33 South, Range 68 <br /> West, 6th Principal Meridian, Las Animas County, Colorado. The site is known as <br /> the New Elk Mine. <br /> 2. Permit number C-1996-084 is a surface coal mine permitted for 384 <br /> acres, located in Section 33, Township 33 South, Range 66 West, 6th Principal <br /> Meridian, Las Animas County, Colorado. The site is known as the Lorencito <br /> Canyon Mine. <br /> 3. The parent company of the Operator, Allegiance Coal USA Limited, <br /> filed for Chapter 11 bankruptcy on February 21, 2023, and the case was dismissed <br /> on July 25, 2024. All corporate officers of Operator have resigned and there are <br /> currently no known employees of Operator. <br /> 4. On May 22, 2024, the Division conducted an inspection of the Lorencito <br /> Canyon Mine and issued notice of violation CV-2024-001 on May 30, 2024 for failure <br />