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Proposed Decision <br />The Colorado Division of Reclamation, Mining, and Safety proposes to approve with <br />stipulations an application for a permit renewal (RN-02) of a five-year permit to conduct <br />surface coal mining reclamation operations only. During the last five-year permit term, all <br />activities have been focused on reclamation, monitoring, and maintenance. Based on <br />written correspondence received November 4, 2003 during Permit Renewal No. 1 (RN-01), <br />the applicant requested that the permit be renewed for reclamation operations only. No <br />detailed mine plan was proposed or approved during the last five-year permit term. As <br />explained later in this document, during the application review period for this permit <br />renewal (RN-02), the permit was transferred from Lorencito Coal Company LLC to New Elk <br />Coal Company (NECC). Mine plan information remains in the permit application for <br />historical purposes and serves as a description of the operations during the short life of the <br />coal mining and removal. In the event the operation desires to resume active mining, <br />NECC would be required to submit and receive approval of a permit revision for a mine <br />plan, submit a new reclamation cost estimate, and submit an acceptable reclamation bond <br />prior to any additional surface disturbance. <br />Life of mine information indicates both surface and underground coal reserves in the permit <br />area, as shown on Map 2.05.3-1, Mine Plan. Haul roads originally constructed include the <br />Lorencito Canyon haul road and the Jeff Canyon haul road. The Jeff Canyon haul road <br />was previously approved via Technical Revision No. 6 (TR-06). A raw coal loadout was <br />approved at the mouth of Lorencito Canyon. The office area was located at the mouth of <br />Jeff Canyon. As a result of an industrial land use bond release (SL-02) that was reviewed <br />concurrent with this renewal and that obtained final approval on June 15, 2008, all haul <br />roads, access roads, the coal loadout, and the office area have been fully bond released. <br />This decision is based on a finding that operations conducted by New Elk Coal Company <br />will comply with all requirements of the Colorado State Program as found in the Colorado <br />Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty <br />(30) days of the first publication of the issuance of this proposed decision, then this <br />decision becomes final. The permit application, all supporting documentation, and any <br />stipulations or conditions will become a binding part of the permit. <br />Stipulations and Revisions <br />Two stipulations were issued as a result of Permit Renewal No. 1 (RN-01) and one is <br />proposed to remain active for Permit Renewal No. 2 (RN-02). Stipulation No. 20 language <br />is slightly modified for this permit renewal. Due to the uncertain future of active coal mining <br />operations at this site, Stipulation No. 20 is necessary to ensure that any future coal <br />operations and disturbances are approved and bonded prior to additional disturbance at <br />the site. <br />2