2011-08-22_REVISION - C1981012 (2)

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NOTICE OF PROPOSED DECISION The Colorado Division of Reclamation, Mining and Safety propose to approve Permit Revision Application No. 2 (PR -02), submitted by New Elk Coal Company, LLC for a coal mining permit at the New Elk Mine (Permit No. C -1981 -012). New Elk Coal Company is requesting approval of a mine plan to extract coal in an expanded permit area from both the Apache and the Allen coal seams, located to the south and east of the mine facility under the Bosque del Oso State Wildlife Area. The surface and the coal in the proposed expansion area are owned by the Division of Parks and Wildlife. The New Elk Mine is located in Las Animas County, approximately 25 miles West of Trinidad, Colorado. The underground operation has an anticipated maximum production capacity of 1,000,000 tons per year. Coal interest is State and private, and the surface to be affected is State and private land. The permit area increases as a result of this approval to approximately 4,198.90 acres. This proposed decision is based on a finding that the proposed operation will comply with all requirements of the Colorado Surface Coal Mining Reclamation Act, Section 34 -33 -101, et seq., C.R.S., and the regulations promulgated thereunder. Copies of the proposed decision, including any stipulations, are on file for public inspection at the Colorado Division of Reclamation, Mining and Safety, Room 215, Centennial Building, 1313 Sherman Street, Denver, Colorado 80203 and at the Las Animas County Clerk and Recorder, 200 East First Street, Room 104, Trinidad, CO 81082. Persons with an interest that may be adversely affected by the proposed decision may request a formal hearing before the Mined Land Reclamation Board on the proposed decision. Such request must be made within thirty (30) days of the initial publication of this notice, must be in writing, and must state with reasonable specificity the reasons for the request and the objections to the proposed decision.