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<br />INTRODUCTION <br />This document is the decision package prepared by the Colorado Division of Minerals and Geology <br />(the "Division") for the New Elk Mine. This document includes (1) the proposed decision to <br />approve with stipulations the permit renewal application; (2) a summary which includes a history <br />of the review of the permit application, a description of the environment affected by the operation <br />and a description of the mining and reclamation plan; and (3- the written findings of compliance <br />the Division has made as required by the Colorado Surface Coal Mining Reclamation Act. <br />Detailed information concerning the findings of compliance can be found in the Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining. <br />The. Division has received an application for a permit renewal to conduct surface coal mining and <br />reclamation operations at the New Elk Mine. The application was submitted by Basin Resources, <br />Inc., and the mine will be operated by Basin Resources, Inc. The mine is located on private lands <br />within Las Animas County, Colorado. The legal description of the lands included within the <br />permit area is: ' <br />Sections 13, 14, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 <br />and 36 of Township 33 South, Range 68 West; Sections 1 <br />and 2 of Township 34 South, Range 68 West; Sections 30 <br />and 31 of Township 33 South, Range 67 West; and Section 6 <br />of Township 34 South, Range 67 West. <br />All sections are partially or fully projected by Basin Resources <br />due to the unsurveyed nature of the Maxwell Land Grant. <br />The above-mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of <br />Vigil, Tercio and Stonewall. <br />PROPOSED DECISION <br />The Colorado Division of Minerals and Geology proposes to approve with stipulations an <br />application for renewal of a valid, existing permit. The application was submitted by Basin <br />Resources, Inc. for the New Elk Mine. This decision is based on a finding that the operation will <br />comply with all requirements of the Colorado State Program as found in the Colorado Surface <br />Coal Mining Reclamation Act, C.R.S. 34-33-101, et seq., and the Regulations promulgated <br />pursuant to the Act. If no request for a formal hearing is made within thirty (301 days of the first <br />publication of the issuance of this proposed decision, then this decision becomes final. Upon <br />submittal of acceptable surety by the applicant, the permit will be issued. The permit. application, <br />all supporting documentation and any stipulations or conditions will become a binding part of the <br />permit. <br />The following stipulations are made part of this permit as conditions to approval of the permit <br />renewal application: <br />Stipulation No. 52 <br />THE DIVISION'S REVIEW OF THE PROBABLE HYDROLOGIC CONSEQUENCES OF THE <br />PROPOSED MINING OPERATIONS HAS DETERMINED THAT IMPACTS TO THE OVERALL <br />