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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. 56 (TR-56) for the New Elk Mine (Permit No. C-1981-012), submitted by New Elk Coal <br />Company, LLC. This revision proposes an increase to the permit boundary of 22.5 acres within the DOW <br />owned surface and coal. It also proposes development only mining in the Allen seam north of the <br />existing portals and development and retreat mining in the Apache seam south of the existing portals. <br />The New Elk Mine is a underground coal mine located in Las Animas County, approximately 25 miles <br />westof Trinidad, Colorado. Coal interest is State and private, and the surface affected is State and private <br />land. The permit area encompasses approximately 1,631.00 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. <br />