2013-10-08_REVISION - C1982056 (22)

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Findings of the Colorado Division of Reclamation, Mining, and Safety for the Foidel Creek Mine Information Source and Order of Findings These findings are based on information made available to the Division that demonstrates the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to the Act. As explained in the preceding section titled Introduction, various state laws require that these findings be made prior to approval of a permit renewal or revision. The findings which are required by Section 2.07.6(2) of the Regulations are listed in the same order as they are listed in that Section. The findings and specific approvals required by Section 2.07.6(2)(m) and Rule 4 are listed in the same order as they are listed in Rule 4, and are organized under subject or discipline subtitles. These findings were reevaluated and updated from the previous findings document to reflect changes which have occurred during the past permit term. Any stipulations from the original permit and findings document or subsequent revisions that have been totally resolved to the satisfaction of the Division have been removed from this document. Stipulations Stipulations are a binding part of the permit and previously assigned stipulation numbers cannot be re-used. No stipulations are being proposed in conjunction with this renewal application (RN- 06). The permit has one active stipulation. The following stipulation has been resolved based on this permit renewal (PR-06). Stipulation No. 64: was attached to the permit through TR-67, approved on November 13, 2009. Twentymile Coal is approved to construct the Refuse Disposal Area Expansion in accordance with designs approved in Technical Revision No. 67. Twentymile Coal Company requested to provide bond for the increased disturbance area in three increments. The first increment, “Initial Bonded Disturbance” of 50.0 acres, is limited to construction of 30.3 acres of refuse pile expansion, 2.4 acres of haul road corridor, 5.9 acres of unclassified stockpile, 3.5 acres of topsoil stockpile, .04 acres of stockpile haul corridors, and 7.5 acres of construction of RDA10 and RDA11 ditches, as shown on Map C-102 (11/13/2009). Prior to disturbance of the Refuse Disposal Disturbance, Twentymile Coal is required to submit additional bond adequate for disturbances associated with bonding increments I and II. No disturbance associated with bonding increments I and II shall occur prior to submittal and Division approval of additional bond. The current progress of the RDA Expansion does not extend beyond the originally delineated Phase I area. TC will begin the extension of the underdrain and construct additional temporary perimeter collection ditches in conjunction with the initiation of Phase II of the RDA Expansion. Phase II will involve an additional 30 acres of disturbance for the Phase II footprint and soil removal buffer zone. All bonding costs associated with the Phase II expansion have been 16 Foidel Creek MineOctober 8, 2013