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<br />Section I - History <br />The New Elk Mine, which was previously known as the Allen Mine, has been in <br />existence since 1951 and was operated under an interim permit issued by the <br />Colorado Mined Land Reclamation Division (the Division) on January 25, 1978 <br />pursuant to the Colorado Mined Land Reclamation Act. CF&I Steel Corporation, <br />the previous owners, submitted an application for a new permit on <br />February 4, 1981, pursuant to Section 34-33-109 of the Colorado Surface Coal <br />Mining Reclamation Act. Mining operations were discontinued in July 1982. <br />Maintenance of the underground workings and surface facilities was the only <br />activity. The application was reviewed by the Division and a Proposed <br />Decision was issued on December 19, 1983. Permit rights were transferred from <br />CF&I Steel Corporation to Wyoming Fuel Company on January 31, 1984. Therefore <br />when the permit was issued on January 25 1984 it was issued to Wyoming Fuel <br />Company. Details of the review process and the permanent program permit as it <br />was issued on January 25, 1984 can be found in the permit application and <br />Findings of Compliance on file at the Division offices. <br />Wyoming Fuel Company (WFC) desired to modify the permit as issued, through the <br />addition of a coal preparation plant, a new refuse disposal area, and <br />associated facilities such as a sediment pond, coal stockpiles and conveyors. <br />In order to make room for these added facilities, the Purgatoire River channel <br />was moved to the north a short distance. <br />An application for a permit revision for the above facilities and <br />modifications was submitted to the Division on February 23, 1984. The <br />application was reviewed and found to be complete on March 8, 1984. <br />Additional information was submitted by WFC as a result of adequacy issues <br />identified during the completeness review. This information was submitted on <br />April 17, 1984 and April 25, 1984. <br />The application was reviewed and an adequacy letter was sent out on <br />May 7, 1984. Additional responses were received on May 8, 1984 and <br />May 21, 1984. All responses and information were reviewed by the Division for <br />compliance and the revision was approved on June 1, 1984. <br />In accordance with Rule 2.08.5, the Division notified WFC of the need to renew <br />the existing valid permit on April 13, 1988. The letter specifically stated <br />that the application should be received at the Division by no later than <br />July 25, 1988. An application to renew the existing valid permit was <br />submitted to the Division on August 2, 1988. The application was reviewed and <br />found to be complete on August 2, 1988. <br />A letter was sent to WFC on October 3, 1988 addressing the adequacy of the <br />application and requesting additional information. On October 19, 1988 WFC <br />responded to these initial adequacy issues. A letter requesting further <br />clarification and containing additional adequacy issues was sent to WFC on <br />November 5, 1988. A Permit Renewal was issued to Wyoming Fuel Company for the <br />New Elk Mine on January 24, 1989. <br />-2- <br />