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of .Co <br />to <br />* COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />* x 1876 * * 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />MINING PERMIT - COAL N O V 2 1 Z U08 <br />RECEIVED By L <br />Permit Date: November 7, 2007 NOV 2 g 2008 Permit No. C-1996-084 <br />Permit Expiration Date: November 7, 2012 Divtsiu,,,, <br />Mining ?-?`amati°n, <br />9 and Safety <br />THIS PERMIT is issued by the Division of Reclamation, Mining and Safety, Department of Natural <br />Resources, State of Colorado. <br />RECITALS <br />I. New Elk Coal Company, LLC ("operator") desires to conduct a mining operation known as the <br />Lorencito Canyon Mine for the purpose of extracting coal. <br />II. On November 14, 2008 the Division of Reclamation, Mining and Safety ("the Division") <br />approved the operator's application for this permit, fixed the amount of bond and directed that <br />this permit be issued upon the filing with the Division of bond in the amount so fixed in form <br />and substance approved by the Division, and such bond has been so furnished. <br />III. On September 2, 2008 the Division made the following findings: <br />(a) The permit application is accurate and contains all information required under C.R.S., <br />34-33-101 et seq. and regulations promulgated thereunder and that all the requirements of <br />Article 33 of Title 34, C.R.S. ("such article") for the issue of a permit have been <br />complied with; <br />(b) The applicant has demonstrated that reclamation as required by such article can be <br />accomplished under the reclamation plan contained in the permit application; <br />(c) The assessment of the probable cumulative impact of all anticipated mining in the area on <br />the hydrologic balance specified in Section 34-33-110(2)(1) has been made by the <br />Division and the proposed operation thereof has been designed to prevent material <br />damage to the hydrologic balance outside the permit area; <br />(d) Granting the permit will not conflict with any designation decision issued pursuant to <br />Section 522 of the Federal "Surface Mining Control and Reclamation Act of 1977," as