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<br />Permit No. CO-0000906 <br />County: Las Animas <br />AUTHORIZATION TO DISCHARGE UNDER THE <br />COLORADO DISCHARGE PERMIT SYSTEM <br />In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as <br />amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq the "Act") the <br />New Elk Coal Company, LLC <br />is authorized to discharge from the New Elk Mine located in the N 'h of the S 'h of S23 and the S '/z of the N '/z <br />of S23, and the NW 1/4 of the SE '/a of S25, in T33S, R68W; 12250 Highway 12 west of Weston; at 37° 09.494' <br />North latitude and 104° 58.111' West longitude to Middle Fork of the Purgatoire River and the Left Fork of <br />Apache Canyon Creek in accordance with effluent limitations, monitoring requirements and other conditions <br />set forth in Part I and 11 hereof. All discharges authorized herein shall be consistent with the terms and <br />conditions of this permit. <br />• The applicant may demand an adjudicatory hearing within thirty (30) days of the issuance of the final permit <br />determination, per the Colorado Discharge Permit System Regulations, 61.7(1). Should the applicant choose to <br />contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the <br />applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations. <br />Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent <br />to the condition by the Applicant. <br />This permit and the authorization to discharge shall expire at midnight, November 30, 2013 <br />Issued and Signed this 24TH day of October, 2008 <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />i <br />Janet Kieler, Permits Section Manager <br />Water Quality Control Division <br />ISSUED AND SIGNED: OCTOBER 24, 2008 m <br />EFFECTIVE: DECEMBER 1, 2008 U <br />2 <br />FOCT 9 <br />1 1 ----