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-3- <br />Stipulation No. 2 <br />THE COVER STANDARD FOR THE REVEGETATED AREA SHALL BE A GROUND COVER OF LIVING <br />PLANTS ADEQUATE TO CONTROL EROSION AS P.EQUIRED BY RULE 4.15.10. <br />Stipulation No. 3 <br />UPON FINAL GRADING OF THE SITE AND REMOVAL OF COAL THE ENTIRE DISTURBED AREA <br />WILL BE COVERED WITH GRAVEL TO A DEPTH OF 3-5 INCHES. <br />Stipulation No. 4 <br />AN ACCEPTABLE PERFORMANCE BOND IN THE AMOUNT OF TEN THOUSAND (E10,000) DOLLARS <br />PAYABLE TO THE STATE OF COLORADO MUST BE FILED WITH THE DIVISION WITHIN FIVE <br />DAYS OF PERMIT APPROVAL. <br />Summary <br />The Review Process, Description of the Environment and Description of the <br />Reclamation Plan. <br />The Review Process <br />Mt. Harris Coal Company is applying fora permit under the Colorado Surface <br />Coal Mining and Reclamation Act. The applicant requested approval of an <br />operation and reclamation plan. This proposed decision approves only the <br />reclamation plan with stipulations. The Mt. Harris loadout is located <br />approximately five miles east of Hayden, Colorado, along U. S. Highway 40 in <br />Routt County. The proposed permit area is located in a portion of Section 15, <br />T6N, R87W of the 6th P.M. <br />The Mt. Harris loadout has been in existence since 1978. In April 1985, the <br />Colorado Mined Land Reclamation Board ruled that the Mt. Harris loadout <br />required a permit under the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining. On October 17, 1985 Mt. Harris Coal <br />Company submitted an application to conduct operations and reclamation at the <br />site. <br />On December 9, 1985 the Division forwarded a copy of its preliminary adequacy <br />review of the application to Mt. Harris Coal Company. This review identified <br />those areas of concern for which additional information would need to be <br />submitted by the applicant in order for the Division to make its required <br />written findings. <br />The 120 day review period for the application expired February 22, 1986. The <br />review period was extended an additional 60 days at the request of the <br />operator. The 180 day review period ended April 23, 1986. To date the <br />applicant has not responded to the preliminary adequacy review. This has <br />resulted in only partial approval of the application. <br />