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999 <br />PROPOSED DECISIOfJ <br />Ohio Creek Coal Mine No. 2 <br />October 29, 1981 <br />The Colorado bfined Land Reclamation Division proposes to approve with <br />stipulations an application for a permit to conduct coal mining submitted <br />to Henry L. and Opal Weaver for the Ohio Creek Coal Mine No. 2. <br />This approval decision is based on a finding that the proposed operation will <br />comply with a1I requirements of the Colorado Surface Coal Pfining Reclamation <br />Act, C.R.S. 1973, as amended, 34-33-10I et. seq., and the regulations <br />promulgated pursuant to the Act, <br />The permit application and the stipulations will become a binding part of <br />the permit upon approval. The stipulations for the Ohio Creek Coal Mine <br />t/o. 2 are as follows: <br />1. IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CUL- <br />TURAL RESOURCES RRE DISCOVERED, THE APPLICANT SHALL ENSURE THAT THE SITE(S) <br />'IS NOT DISTURBED AND SHR LL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR <br />SHALL ENSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF <br />NATIOflAL REGISTER ELIGIBILITY CRITERIA (3G CFR 60.6). SHOULD A RESOURCE <br />BE FOUND ELIGIBLE FOR LISTING IN CONSULTATION WITH THE REGULATORY <br />AUTHORITY, THE LAND MANAGING AGENCY (IF THE SITE IS LOCATED ON FEDERAL <br />LANDS) AND THE SNPO, THE OPERATOR SHALL CONFER WITH AND OBTAIN THE APPROVAL <br />' OF THESE AGENCIES CONCERNING THE DEVELOPMENT AND IMPLEMENTATION OF <br />MITIGATION AfEASURES. <br />2. THE REVEGETATION SUCCESS STANDARD FOR HERBACEOUS PRODUCTION SHALL <br />BE I25 GRAMS PER SQUARE METER, UNLESS THE APPLICANT CAN DEMONSTRATE <br />TO THE DIVISION THAT AN ALTERNATE STANDARD IS APPROPRIATE. lJITHIN <br />60 DAYS OF PERMIT ISSUANCE, THE APPLICANT MUST RPIEND THE APPLICATION <br />TO REFLECT ACCEPTANCE OF THE STANDARD SET BY THE DIVISION OR AN <br />ALTERNATE STANDARD APPROVED BY THE DIVISION. <br />3. IF THE PROPOSED UNDERGROUND DEVELOPMENT WASTE PILE EXCEEDS 1,000 <br />CUBIC YARDS, THE APPLICANT MUST CONSULT FJITH THE DIVISION ABOUT THE <br />ADDITIONAL ENGINEERING INFORMATION AND PLANS REQUIRED. THE INFOR- <br />MATION AND PLANS SHALL SE SUBMITTED TO THE DIVISION FOR REVIEW RND <br />APPROVAL PRIOR TO EXPANSION OF THE UNDERGROUND DEVELOPMENT WASTE <br />PILE. <br />Explanations of the stipulations can be found in Sections III, XII and XVII <br />of the Findings part of this package. <br />The permit cannot be issued until all statutory notice and public comment re- <br />quirements have been satisfied, and until bond has been posted. <br />