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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve an application <br />for permit renewal. <br />The application was submitted by Blue Mountain Energy, Inc for the mine. This decision is <br />based on a finding that the operations will comply with all requirements of the Colorado State <br />Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34 -33 -101 et <br />seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is <br />made within thirty (30) days of the first publication of the issuance of this proposed decision, <br />then this decision becomes final. Upon submittal of acceptable surety by the applicant, the <br />permit will be issued. The permit application, all supporting documentation and any stipulations <br />or conditions will become a binding part of the permit. <br />No coal mining operations may be conducted on any Federal surface or coal until the Secretary <br />of the Interior has approved the proposed mining plan. <br />The following Stipulations remain in effect: <br />1. Stipulation No. 50 <br />Protection of Archaeological Resources <br />IF OPERATOR DISCOVERS ANY CULTURAL REMAINS, MONUMENTS OR SITES, OR <br />ANY OBJECT OF ANTIQUITY, OPERATOR SHALL IMMEDIATELY CEASE ACTIVITY <br />AND REPORT DIRECTLY TO BLM AREA MANAGER. THE BLM SHALL TAKE <br />ACTION AS REQUIRED UNDER THE ACTS AND REGULATIONS. OPERATOR SHALL <br />FOLLOW MITIGATION REQUIREMENTS SET FORTH BY BLM CONCERNING <br />PROTECTION, PRESERVATION OR DISPOSITION OF ANY SITES OR MATERIAL <br />DISCOVERED. COST OF SALVAGE EXCAVATION, IF NECESSARY, SHALL BE <br />BORNE BY THE OPERATOR UNLESS OTHERWISE STATED. <br />2. Stipulation No. 51 <br />Protection of Seasonal Wildlife Habitat <br />IN ORDER TO PROTECT IMPORTANT SEASONAL WILDLIFE HABITAT (BIG GAME, <br />SEVERE WINTER RANGE), EXPLORATION, DRILLING AND OTHER DEVELOPMENT <br />ACTIVITY MAY NOT BE ALLOWED FOR UP TO 60 DAYS DURING THE PERIOD <br />FROM DECEMBER 1 THROUGH MARCH 31. THIS LIMITATION DOES NOT APPLY TO <br />MAINTENANCE AND OPERATION OF EXISTING FACILITIES. EXCEPTIONS TO THIS <br />LIMITATION IN ANY YEAR MAY BE SPECIFICALLY AUTHORIZED IN WRITING BY <br />THE AREA MANAGER, BUREAU OF LAND MANAGEMENT. <br />2 <br />