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oF?O<o <br />COLORADO DIVISION OF RECLAMATION MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />PROPOSED DECISION <br />for <br />Approval of Permit Renewal <br />The Colorado Division of Reclamation, Mining and Safety, in accordance with C.R.S. <br />34-33-109(7), proposes to Approve the renewal of a permit to conduct surface coal mining and <br />reclamation operations at the New Elk Mine, Permit No. C-1981-012. <br />This decision is based on a review of the complete and accurate application and the existing permit, <br />including all conditions and revisions approved up to March 6, 2009. In accordance with C.R.S. <br />34-33-109(7)(a), the Division makes the following determinations which warrant that the permit be <br />renewed: <br />1. The terms and conditions of the valid, existing permit are being satisfactorily met; <br />2. The present surface coal mining and reclamation operation is in compliance with all <br />requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et <br />seq., and the Regulations promulgated thereunder; <br />3. The renewal requested does not substantially jeopardize the permittee's continuing <br />responsibility on existing permit areas; <br />4. The operator has provided evidence that the performance bond in effect for the operation <br />will continue in full force for the proposed period of renewal as well as any additional <br />bond required; <br />5. Any additional revised or updated information as required has been provided. <br />Based on a preponderance of the evidence, the permit issued to New Elk Coal Company, LLC <br />meets the requirements under the right of successive renewal. <br />The permit application will remain a binding part of the permit. Renewal of the permit will be for a <br />term of five (5) years. <br />I conclude that there is no basis for denying the renewal. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Director <br />/'?? G, Zoo 9 <br />Date