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Minor Revisions since Midterm Review No. 2 (MT-02, May 2005) <br />Revision Description Status <br />MR-11 Pond certification Approved December-2005- <br />Bond Release Applications since Midterm Review No. 2 (MT-02, May 2005) <br />Summary <br />2008 <br />The Review Process <br />Multiple concurrent permitting actions complicated and delayed the permit renewal <br />process. In accordance with Rule 2.08.5(2)(a) the Division notified Lorencito Coal <br />Company on February 26, 2007 that a complete application for a permit renewal must be <br />received by the Division by May 11, 2007 (180 days prior to permit expiration) as required <br />by Rule 2.08.5(3)(0. On May 10, 2007 the Division received an application for permit <br />renewal (RN-02) from Peak Project Management submitted on behalf of Lorencito Coal <br />Company, LLC (LCC). Also under review concurrently with the renewal was a pending <br />transfer of permit application (SO-01) from LCC to New Elk Coal Company (NECC). The <br />transfer application, by its own nature, indicated a desire on the part of the current <br />permittee LCC, to transfer the permit to the successor, NECC, and if consummated, the <br />permit could then be renewed under the successor and new permittee, New Elk Coal <br />Company. However, as of early November 2007, it appeared unlikely that the transfer of <br />permit would be completed prior to the permit expiration date. Therefore, the applicant <br />was notified on November 5, 2007 that the Division found the permit renewal application <br />incomplete for the purposes of filing and notified the applicant of the steps necessary to <br />make the application complete. In addition the Division requested that Lorencito Coal <br />Company complete the transfer to NECC by December 31, 2007 or withdraw the transfer <br />application SO-01. Due to the inability to post adequate reclamation bond, on January 22, <br />2008 LCC withdrew the transfer application SO-01. <br />Prior to the withdrawal of SO-01, in October 2007 Lorencito Coal Company filed an <br />application for an industrial land use bond release for portions of the Lorencito Canyon <br />Mine. This bond release would necessitate a new reclamation cost estimate be calculated <br />to determine the amount of bond necessary to retain to complete the reclamation plan. <br />Since an updated reclamation cost estimate is also required at permit renewal, it was <br />determined that the new estimate would serve the regulatory requirements of both the <br />bond release and the renewal process. <br />Approval of an industrial land use bond release (SL-02) was proposed on May 2, 2008 and <br />notice of the proposed decision was published in The Chronicle News on May 16, 2008. <br />However, prior to the industrial land use bond release becoming final on June 16, 2008, <br />another request for transfer of the permit was received from LCC on May 9, 2008 that