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drainages cross the site. An intermittent arroyo named Colorado Canyon arroyo borders the site on the
<br />eastern boundary. This arroyo flows only during snowmelt episodes in the spring or from storm runoff
<br />after summer thunderstorms.
<br />Climate at the loadout is similar to that of the mine site, but slightly dryer due to lower elevation.
<br />All soils and native vegetation have been previously removed from the loadout site. Weeds and
<br />volunteer species persist, especially on the fringes of the disturbance. The site has no natural wildlife
<br />habitat and the site is fenced to prevent access of domestic animals and big game.
<br />Description of the Operation and Reclamation Plans
<br />Of the 3,585 acres originally permitted at the New Elk Mine, 155 acres were already disturbed for
<br />working areas and facilities. Permit Revision #1 added 120 acres to the permit area, of which 36 acres
<br />were affected by new, proposed surface facilities. The resulting permit area encompassed 3,705 acres
<br />with 191 acres of surface disturbance. On October 26, 1998 the Division approved Phase I, II, and III
<br />bond release on 3,233.0 acres south of Highway 12 of further liability as per Division written policy for
<br />release of areas overlying underground workings. Of the 3,233.0 acres included in SL1, 597.0 had been
<br />undermined, but none of the acreage had been disturbed at the surface. Included in this area are two
<br />small areas of surface disturbance (the Apache Canyon ventilation shafts), which were transferred to the
<br />Golden Eagle Mine permit, #C -81 -013. The resulting permit area totaled about 900 acres.
<br />The Division approved a partial Phase 1 Bond Release No. 2 (SL2) on November 16, 2006, for 35.14
<br />acres. SL2 approved completion of demolition of structures, backfill, and grading, of 19.08 acres at the
<br />East portal, and 16.06 acres at the West portal. SL2 also released liability for activities that had
<br />previously received approval but had never been implemented. Liability release of activities never
<br />implemented also removed approval of these activities from the permit.
<br />The existing operation at the time of original permitting consisted of several benches used for storage,
<br />office building, shop buildings, railroad tracks, two portals, conveyors, coal silos, substations, fans, air
<br />shafts, a water tank, a parking lot, four sediment ponds, ditches, culverts, roads, and a refuse disposal
<br />area. Surface facilities added as a result of permitting actions included a refuse disposal valley fill and
<br />sediment pond north of Highway 12, two new topsoil stockpiles, coal stockpiles, conveyors, a
<br />preparation plant and thickener tank, and the Jansen Loadout.
<br />The New Elk Mine continues to operate a coal processing plant. In 2011, NECC constructed a new set
<br />of portals (Bates Portals) located southeast of the coal silos. The mine plan is shown on Map 3. The
<br />Mine plan for the Blue seam progresses eastward and southward. In May 2011, NECC reopened the
<br />Allen seam as well. Allen seam mine plan progresses mainly to the south and east. Coal is mined by
<br />continuous miners. In July 2012, NECC suspended coal extraction and the mine is in Temporary
<br />Cessation.
<br />A Refuse Disposal Area (RDA) was constructed north of Highway 12 as a valley fill. Coal is processed
<br />at the New Elk Mine. Previous operation of the New Elk Mine processed coal from the Lorencito
<br />Canyon Mine. Coal refuse is transported by conveyor over Highway 12 and deposited in the RDA north
<br />of the highway. Pond cleaning material and small quantities of rock were added to the original refuse
<br />pile, now referred to as the Development Waste Pile (DWP) southwest of the main mine entrance. The
<br />DWP reached its maximum size in late 2006 and was regraded, topsoiled, and reseeded. Construction of
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