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seeding of the D and E Pits, the portion of the Ash Pit that achieves fill elevation, as well as the <br /> majority of the active areas in C,1, J, L and N Pits. Out of pit spoil will be replaced once mining is <br /> complete and the affected land within this area will be reclaimed as rangeland for livestock grazing <br /> and wildlife habitat. <br /> Proposed Decision <br /> The Colorado Division of Reclamation, Mining and Safety Proposes to APPROVE the Application <br /> for Permit Revision No 11 (PRI-1). <br /> The application was submitted by Trapper Mining, Inc. (`°TMI"). This decision is based on a finding <br /> that the operations comply with all requirements of the Colorado State Program as found in the <br /> Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br /> promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of <br /> the first publication of the issuance of this proposed decision,then this decision becomes final. The <br /> permit revision will be finalized upon submittal to DRMS of acceptable surety by the applicant if <br /> necessary. The permit application, all supporting documentation and any stipulations or conditions <br /> become a binding part of the permit. <br /> No coal mining operations may be conducted on any Federal surface or coal until the Assistant <br /> Secretary for Lands and Minerals Management("ASLM') with the U.S. Department of the Interior <br /> has approved any required federal mining plan or modification thereof On January 3, 2023 the <br /> Office of Surface Mining, Reclamation and Enforcement("OSMRE") informed DRMS a mining <br /> plan modification from the ASLM is not required for PRl 1. <br /> This proposed decision proposes an additional of 235.5 new acres of surface disturbance within the <br /> current permit boundary PRl 1, as well as a 137.1 acre expansion of the permit boundary in the NW <br /> corner of the site. In previous findings document, the Division did not make a distinction between <br /> disturbance acreage and affected acreage. However, upon review of these definitions(Rule 1.04(7) <br /> and (36)) the Division now finds this distinction is appropriate since surface disturbance is not <br /> associated with the underground activities associated with highwall/auger mining. The affected <br /> acreage at the Trapper Mine now includes the areas above the highwall/auger mine workings. Much <br /> of the affected area underlies the disturbance area at the Trapper Mine. The proposed decision form <br /> for PRl1 reflects this distinction as the affected area will not equal the disturbance area. <br /> Status of Stipulations <br /> The stipulation history for the Trapper Mine was reviewed with this permit revision application. The <br /> review included an investigation of any stipulations imposed, and any responses to existing <br /> stipulations received, since the last permit renewal. Any stipulations associated with this permit and <br /> issued over the life of this operation which are not discussed in this findings document have been <br /> complied with or have been terminated. <br /> New Stipulation: <br /> Stipulation 423 attached with this permitting action comprises the following: <br /> Prior to affecting the 25.4 acres located in the L pit and 4 acres near the J Pit as per the areas of <br /> interest shown on Map M45 "Cultural Resources Surveys Conducted on and Adjacent to the Trapper <br /> 2 <br />