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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to APPROVE, without <br />conditions, Hayden Gulch Terminal, LLC.'s application for a permit renewal (RN4). <br />This proposed decision is based on a finding that the operations 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 Act. <br />If no request for a formal hearing is made within thirty (30) days following the first publication <br />of the Division's Notice of Proposed Decision, then this proposed decision becomes final. The <br />permit application, all supporting documentation, and any stipulations or conditions will become <br />a binding part of the permit. <br />Stipulations to the Permit <br />Stipulation No. 7: was attached to the permit with the approval of TR6 (June 15, 2006). <br />Technical Revision No. 6 approved the use of the Loadout to off -load rail cars at the Loadout. <br />Stipulation No. 7 required the operator to submit to the Division a duly executed right of entry <br />agreement to use the Seneca II -W Tie - Across Haul road prior to hauling any coal from the <br />Loadout. No coal has been hauled from the Loadout since Stipulation No. 7 was attached to the <br />permit. Due to the addition of the Tie - Across Haulroad into the HGT permit with Permit <br />Revision No. 1 (PR1), Stipulation No. 7 was complied with. <br />Stipulation No. 9: was attached to the permit with the approval of TR81 (December 17, 2013). <br />Stipulation No. 9 requires that prior to initiation of reclamation for lands associated with the Tie - <br />Across Haul Road, the permittee shall submit a technical revision to the permit which provides a <br />reclamation plan, sampling methodologies and reclamation success requirements for the <br />cropland areas in accordance with Rule 2.05.4(2)(e), Rule 4.15.1(2)(c), Rule 4.15.9 and Rule <br />4.15.7(2). The technical revision needs to be approved prior to initiation of reclamation <br />activities associated with the Tie - Across Haul Road cropland areas. Stipulation No. 9 remains <br />active. <br />Hayden Gulch 5 February 11, 2014 <br />