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the issuance of this proposed decision, then this decision becomes final. Upon final decision <br />and submittal of acceptable additional bond (see Section A10.), the proposed activities may <br />proceed. The permit application, all supporting documentation and any stipulations or <br />conditions will become a binding part of the permit. <br />STIPULATIONS TO THE PERMIT <br />Stipulations are a binding part of the permit and previously assigned stipulation numbers are not <br />to be re -used. Review of the stipulation response file, revisions to the permit, and the findings <br />document indicate all stipulations have been satisfied. There are no active stipulations at the <br />time of Permit Revision #2 and none are being issued with this decision. <br />SUMMARY <br />The Review Process <br />The New Elk Mine, which was previously known as the Allen Mine, has been in existence <br />since 1951 and was operated under an interim permit issued by the Colorado Mined Land <br />Reclamation Division (the "Division ") on January 25, 1978, pursuant to the Colorado Mined <br />Land Reclamation Act. CF &I Steel Corporation, the previous owners, submitted an application <br />for a new permit on February 4, 1981, pursuant to Section 34 -33 -109 of the Colorado Surface <br />Coal Mining Reclamation Act. The Division reviewed that application and a proposed decision <br />was issued on December 19, 1983. <br />The New Elk mine permit has been transferred on four occasions. Permit rights were <br />transferred from CF &I Steel Corporation to Wyoming Fuel Company on January 31, 1984. <br />Permit rights were transferred from Wyoming Fuel Company to Basin Resources, Inc. (BRI) on <br />March 29, 1993. In April 1997, permit rights were transferred from BRI to Picketwire <br />Processing, LLC. The permit was transferred from Picketwire Processing, LLC to New Elk <br />Coal Company LLC on March 19, 2007. In March 2010, ownership of New Elk Coal Company, <br />LLC changed to include Cline Mining Corporation as the sole parent company of New Elk Coal <br />Company, LLC. <br />Since the last findings was issued associated with Permit Revision No. 3(PR -03) in February <br />2011, significant technical revisions have been approved including the Bates Portals(TR -55), <br />numerous significant surface facilities and limited Allen and Apache seam mining(TR -56), and <br />a surface blasting plan (TR -57). No minor revisions or other permitting actions have been <br />approved since the PR -03 findings. <br />On July 9, 2010, the Division received an application for a permit revision (PR -02) from NECC. <br />On July 19, 2010, the application was found incomplete for the purposes of filing. A revised <br />application was received by the Division on August 25, 2010 and again found incomplete on <br />September 2, 2010. On February 7, 2011, the Division received another revised application <br />and subsequently found the application complete on February 11, 2011. Notifications of the <br />filing of a complete application for a permit revision were sent to NECC (the applicant), Las <br />Animas County Planning, Las Animas County Commissioners, Colorado Water Quality Control <br />2 <br />