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INTRODUCTION <br />This document is the decision package prepared by the Colorado Division of Reclamation, <br />Mining, and Safety (the "Division ") for Permit Revision No. 2(PR -02) for the New Elk Mine. <br />This document includes: <br />• a summary which includes a history of the review of the permit revision application; <br />• a description of the environment affected by the operation and a description of the mining <br />and reclamation plan; and <br />• the written findings of compliance the Division has made as required by the Colorado <br />Surface Coal Mining Reclamation Act. Detailed information concerning the findings of <br />compliance can be found in the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining. <br />The Division received an application for a permit revision (PR -02) to the New Elk Mine permit <br />( #C -81 -012) to expand the permit boundary back to the "historic boundary" of the New Elk <br />Mine. While the Permit Revision No. 2 application was received prior to Permit Revision No. 3 <br />(Jansen Loadout), PR -02 remained under review at the time of approval of PR -03 for the <br />loadout. Therefore, this findings includes all findings appropriate for PR -02 as well as findings <br />for the previously approved PR -03 for the "Jansen Loadout", a separate permit area of about <br />10.5 acres on private lands within Las Animas County, Colorado. <br />The New Elk Mine site expanded permit boundary, approved as a result of this revision, lies in <br />portions of Sections 13, 14, 21, 22, 23, 24, 25, 26, 35 and 36, T33S R68W of the 6 P.M. in <br />Las Animas County. The lands within the permit area at the mine site are shown on the USGS <br />7.5 minute Quadrangle maps of Vigil, Tercio and Stonewall. <br />The permitted area of the Jansen Loadout is generally located in the SE1 /4 Section 22 and <br />part of the NW1 /4, SW1 /3 of Section 23, T33S R64W of the 6 P.M. in Las Animas County. <br />The specific legal description of the lands included within the permit area is a metes and <br />bounds description, which is included in Exhibit 40 of the approved permit application. The <br />area described for the loadout is shown on the USGS 7.5 minute Quadrangle map of Trinidad <br />West. <br />PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining, and Safety proposes to approve Permit <br />Revision No. 2(PR -02). The application was submitted by New Elk Coal Company for the New <br />Elk Mine. This decision is based on a finding that the operation will comply with all <br />requirements of the Colorado State Program as found in the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34 -33 -101, et seq., and the Regulations promulgated pursuant to the <br />Act. If no request for a formal hearing is made within thirty (30) days of the first publication of <br />1 <br />