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Section I: INTRODUCTION <br />This document presents the results of the Division of Reclamation, Mining and Safety (Division) <br />midterm review of the New Elk Mine operated by New Elk Coal Company LLC (NECC). This review <br />was conducted to fulfill the requirements of Rules 2.08.3, 2.06.2, 2.06.3, 2.06.5, 2.06.7, and 3.02.2(4). <br />Rule 2.08.3 requires that the Division conduct a review of each permit issued, prior to its midterm (2 -1/2 <br />years). Based on this review, for good cause shown, the Division may require reasonable revisions or <br />modifications of the permit provisions to ensure compliance with the Act and Regulations. <br />Rules 2.06.2, 2.06.3, 2.06.5, and 2.06.7 require that experimental practices, mountain top removal <br />variances, variances from approximate original contour (AOC), and variances from contemporaneous <br />reclamation, respectively, be reviewed by the Division where applicable during the Mid -term review. <br />Rule 3.02.2(4) requires that the Division review the amount of the bond and the terms of acceptance of <br />the bond every 2 -1/2 years. <br />The midterm review of the New Elk Mine consisted of a review of the findings document, the permit <br />application and subsequent revisions, stipulations, enforcement actions, cost estimate and other assorted <br />permit files and information. <br />• Section I is the introduction. <br />• Section II is a review of the stipulations attached to the permit and contains a summary of permit <br />actions. <br />• Section III. contains a brief summary of the mine history. <br />• Section IV is a review of the enforcement actions issued since March 6, 2009. <br />• Section V is a summary of the review of the permit application. <br />• Section VI is a review of the bond(s) and the reclamation cost estimate. <br />New Elk Coal Company LLC (NECC) is the permittee and operator of the mine. The mine is located on <br />private lands within Las Animas County, Colorado. The coal being presently mined is privately - owned. <br />The permit area covers 4,198.90 acres. This acreage is composed of 4188.40 acres at the mine, and <br />10.50 acres at the Jansen Loadout. Due to the lack of a U.S. Public Land Survey of this area, the legal <br />description of the lands included within the permit area is a metes and bounds description, which is <br />included in Exhibit 34 of the permit application. <br />An approximate of the location of the mine permit area, assuming the sections are partially or fully <br />projected in T33S R68W, is as follows: <br />T33S R68W, Portions of Sections 13, 14, 21, 22, 23, 24, 26, 35, and 36. <br />The above - mentioned tracts of land are shown on the USGS 7.5 minute Quadrangle maps of Vigil, <br />Tercio and Stonewall. <br />The permitted area of the Jansen Loadout is generally located in the SE 1/4 Section 22 and part of the <br />NW 1/4 SW 1/3 of Section 23, T33S R64W. The specific legal description of the lands included within <br />the permit area is a metes and bounds description, which is included in Exhibit 40 of the approved <br />