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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to APPROVE Seneca <br />Property, LLC's application for permit renewal (RN -04) for the Yoast Mine. <br />This decision is based on a finding that the operations will comply with all requirements of the <br />Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. <br />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 of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. The permit application, all <br />supporting documentation, and any stipulations or conditions will become a binding part of the <br />permit. <br />Stipulation No. 19 was deemed by the Division to be complied with on 10/30/2009. <br />Stipulation No. 19: Documentation of the Office of the State Engineer approval of Ponds 010, <br />013, and 014 as permanent impoundments, along with documentation that any necessary water <br />rights have been obtained for the impoundments, will be provided to the Division prior to final <br />bond release application for the impoundments. <br />Status: Stipulation No. 19 was added to the Yoast Mine permit via Technical Revision No. 37 <br />(TR37, Proposed Decision date of 12/4/2008). Stipulation No. 19 required information specific <br />to Ponds 010, 013, and 014. Minor Revision No. 39 (MR39, Decision date of 10/30/2009) <br />provided this information relating to Ponds 013 and 014, but not Pond 010. Based on a review <br />by the Division of the information submitted with TR37, the information requested for Pond 010 <br />had in fact been submitted with TR37; as such, Pond 010 should not have been included in <br />Stipulation No. 19. The Division therefore finds that Stipulation No. 19 was "Complied With <br />on 10/30/2009. <br />No new stipulations have been added with Permit Renewal No. 4. <br />2 <br />