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-2- <br />Proposed Decision <br />Pursuant to CRS 34-33-119(2), the Colorado I4ined Land Reclamation Division <br />proposes to approve, in part, an application fora permit to conduct surface <br />coal mining reclamation activities submitted by Mt. Harris Coal Company. <br />Based on information submitted by the applicant the Division has been able to <br />make the necessary findings for only the reclamation portion of the <br />application. The operation portion of the application is denied due to the <br />applicant's lack of response to the Division's preliminary adequacy letter. <br />In addition, the applicant does not at this time possess a valid lease for <br />continued operation. The land owner will allow access for reclamation <br />purposes. Given this, the Division was unable to make the findings necessary <br />to allow continued operation. The crushing, separating, stockpiling and <br />loading of coal for purposes other than reclamation of the site is expressly <br />excluded from the activities approved in this proposed decision. <br />In order to ensure that the reclamation be accomplished in a timely manner, <br />the Division is requiring that the permit be issued on the following <br />conditions: <br />Condition No. 1 - the applicant begin implementation of the approved <br />rec amation p an immediately upon issuance of the permit. Said reclamation to <br />be completed by October 30, 1986. <br />Condition No. 2 - that within five (5) days after the partial approval of the <br />permit ap~ication and prior to issuance of the permit an acceptable bond in <br />the amount of ten thousand (E10,000) dollars be posted with the Division in <br />accordance with CRS 34-33-113. <br />In the event that the permit conditions are not satisfied within the required <br />timeframes, the Division will take appropriate enforcement action to ensure <br />compliance. The applicant is required to conduct all operations in compliance <br />with the Act and Rules and Regulations of the Colorado dined Land Reclamation <br />Board for Coal Mining. <br />The following stipulations and permit application became a binding part of the <br />permit upon approval of this proposed decision. Stipulations to the <br />Mt. Harris permit are as follows: <br />Stipulation No. 1 <br />THE OPERATOR WILL RESEED THE BERM WITH THE FOLLOWING SEED MIX: <br />1, INTERMEDIATE WHEATGRASS 5L85 PLS/AC. <br />2. CRESTED WHEATGRASS 2LBS PLS/AC. <br />3. REGAR MEADOW BROME 2LBS PLS/AC. <br />4, WESTERN WHEATGRASS 3LBS PLS/AC. <br />5. CICER MILKYETCH .5LBS PLS/AC. <br />