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NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to Approve Technical Revision <br />Application No. 50 (TR-50) for the New Elk Mine (Permit No. C-1981-012), submitted by New Elk Coal <br />Company, LLC. The applicant is proposing to add the two Apache Canyon ventilation shafts into the <br />permit area. Due to the remote nature of these two capped ventilation shafts, the permit boundary must be <br />expanded by 698 acres. The shafts will be intake air only and no facilities or power are required at either <br />location. Ventilation shafts will also be rehabilitated at the West Mine area, part of the original mine <br />facilities located adjacent and south of Highway 12. <br />The New Elk Mine is a underground coal mine located in Las Animas County, approximately 25 miles <br />west of Trinidad, Colorado. Coal interest is both private and State owned and the surface affected is also <br />both privately owned and State owned as part of the Bosque del Oso State Wildlife Area. Including the <br />lands added by this revision, the permit area encompasses approximately 1,598.00 acres. <br />This proposed decision is based on a finding that the proposed operation will comply with all <br />requirements of the Colorado Surface Coal Mining Reclamation Act, Section 34-33-101, et seq., C.R.S., <br />and the regulations promulgated thereunder. <br />Copies of the proposed decision, including stipulations, are on file for public inspection at the Colorado <br />Division of Reclamation, Mining and Safety, Room 215, Centennial Building, 1313 Sherman Street, <br />Denver, Colorado 80203. Persons with an interest that may be adversely affected by the proposed <br />decision may request a formal hearing before the Mined Land Reclamation Board on the proposed <br />decision. Such request must be made within ten (10) days of the initial publication of this notice, must be <br />in writing, and must state with reasonable specificity the reasons for the request and the objections to the <br />proposed decision.