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' a <br />T ^ <br />. . <br />•~ 7 ~ <br />COLORADO DMSION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />PROPOSED DECISION <br />And Written Findings <br />for <br />Approval of Transfer of Permit <br />The Colorado Division of Reclamation, Mining and Safety, in accordance with C.R.S. 34-33-115(2), has <br />issued a proposed decision to approve the transfer of rights of a permit to conduct surface coal mining and <br />reclamation operations at the New Elk Mine, Permit No. C-1981-012. These rights are transferred from <br />Picketwire Processing, LLC to New Elk Coal Company, LLC. <br />This decision is based on a review of the complete and accurate application and the existing permit, <br />including all conditions and revisions approved up to November 17, 2006. In accordance Rule 2.08.6(4), <br />the Division makes the following determinations and findings that warrant that the permit be transferred: <br />New Elk Coal Company, LLC is eligible to receive a permit in accordance with <br />Rule 2.07.6(1)(b), (c), and (2)(h); <br />2. New Elk Coal Company, LLC has submitted a performance bond at least <br />equivalent to the bond of the original petmittee; and <br />3. New Elk Coal Company, LLC will conduct the operations involved in full <br />compliance with the terms and conditions of the original pemvt, and in <br />accordance with the requirements of the Colorado Surface Coal Mining <br />Reclamation Act and the Rules and Regulations of the Colorado Mined Land <br />Reclamation Boazd for Coal Mining. <br />No additional stipulations are attached as a result of this transfer. <br />DNIS F~,R~E~CL~AMATION, MINING AND SAFETY <br />Director <br />/ ;~il~ ~?~, hoc <br />Date <br />C-SO-06 CI981012 KAG 11172006023144 <br />