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<br />_12_ <br />15. No coal seams (Lennox, rider seams, Wadge) or coal seam splits <br />28 inches or greater in thickness will be spoiled or left unmined <br />without the express written consent of the regulatory authority and <br />the USGS Area Mining Supervisor. The area mining Supervisor may <br />require the mining of coal seams or splits that are less than 28 <br />inches in thickness. <br />16. Auger mining shall not be allowed without the express written <br />consent of the regulatory authority and the USGS Area Mining <br />Supervisor. <br />A preliminary Foidel Creek mine plan was submitted in response to <br />stipulation 13 on December 23, 1980. Since then, a permit revision has <br />been approved for the development of the underground mine. CYCC has <br />requested that the underground mine part of the permit be separated from <br />Permit No. 79-177. The Division will work with CYCC to finalize the <br />separation process. <br />In a letter dated March 26, 1981 the USGS authorized Colorado Yampa Coal <br />Company to spoil non~nerchantable Lennox coal from Federal coal leases <br />C-22644 and C-081330. OSM approval was granted on April 10, 1981. <br />Ho~vever, authorization to spoil the Lennox coal does not relieve CYCC of <br />other obligations under stipulation 15 of the OSM approval. Prior to <br />spoiling rider seams (other than Lennox) and/or Wadge coal seam splits, <br />written consent of the regulatory authority and the USGS MIniny ~ mrnsl <br />Supervisor is required. J <br />Stipulations 14 and 16 remain in effect as written. <br />Since the mine plan was approved in 1980 there have been several <br />revisions both in timing and configuration. These have all been <br />submitted separately. In order to consolidate all information into the <br />permit the Division finds that Table No. 83 and Maps 1 and 2 must be <br />revised to show the mining sequence for the remainder of the approved <br />mine plan. <br />Upon submittal of the revised mine plan maps and table, this section will <br />be in compliance with stipulations. <br />XIII. Explosives -Rules 2.05.3(3)(b) and 4.08 <br />There are no substantive differences between the Federal and State <br />proyrams in this section. <br />One stipulation was attached to the OSM approval package regarding <br />blasting. It stated the following: <br />1. The applicant shall amend the blasting form to include <br />directions to the nearest building or occupied structure. A copy <br />of the revised form must be submitted to the regulatory authority 2 <br />weeks after mine-plan approval. <br />