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permit and which may affect any endangered or threatened species in a manner or to an extent <br />not considered in the April 9, 2012 U.S. Fish and Wildlife biological opinion, formal section 7 <br />consultation must be reinitiated. This stipulation is still active. <br />Stipulation 2 - Prior to initiating any disturbance of the proposed Equipment Corridor, the <br />application must be revised to satisfactorily address the performance standards of Rule 4.03.3 - <br />Light Use Roads. Additionally, no work may proceed related to the crossing of Tuttle Draw <br />until a 404 permit issued by the U.S. Army Corps of Engineers has been provided to the <br />Division. This stipulation is still active. <br />SECTION V — PERMIT VARIANCES AND SPECIFIC APPROVALS <br />The New Horizon North Mine permit does not include a variance under Rules 2.06.2 <br />(experimental practices), 2.06.3 (mountaintop removal), and 2.06.5 (approximate original <br />contour (AOC) for steep slope mining). No variance from contemporaneous reclamation for <br />combined surface and underground mining operations (2.06.7) is needed. <br />SECTION VI — BONDING SUMMARY <br />A compiled reclamation cost estimate was developed by the Division during the review of the <br />original application. A summary of those costs in addition to any revision adjustments has been <br />completed for this 2014 Midterm Review. As of December 12, 2014, the Division estimates <br />liability at the New Horizon North Mine is $ 5,254,691.17. This amount is sufficient to assure <br />completion of the remaining reclamation work at the site if the work had to be performed by the <br />Division, including the cost of re- establishing vegetation on any revegetated areas, should those <br />areas fail. The permittee currently has a Self Bond in the amount of $4,952,980.00. The <br />permittee will need to adjust their Self Bond to meet the new reclamation liability amount. <br />SECTION IV — MIDTERM ADEQUACY QUESTIONS <br />Pursuant to 2.08.3, the Division finds that the permit application C- 2010 -089 contains <br />deficiencies following the review for the purpose of fulfilling the requirements of the Colorado <br />Surface Coal Mining Reclamation Act, and the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining. The Division requests that the permittee correct the <br />deficiencies by submission of revised permit pages under appropriate revision applications, or by <br />activities on the ground, by February 27, 2015. <br />2.03.7(3) — Relationship to Areas Designated Unsuitable for Mining <br />On the western side of the permit boundary, a house is on the Garvey Bros Land & Cattle Co <br />property ( #7 on Map 2.03.4 -1) that is within 300 feet horizontally of surface mining activities. It <br />is unclear if the house is an occupied dwelling which would require a waiver from the occupant <br />for mining to take place within 300 feet of the dwelling. Please clarify in the permit text if the <br />dwelling is occupied. <br />2.04.6 — Geology Description <br />New Horizon North Mine -4- 12/20/2014 <br />