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-2- <br /> <br />PROPOSED DECISION <br />CARBON JUNCTION MINE <br />The Colorado Mined Land Reclamation Division proposes to approve, with <br />stipulations, an application for a permit to conduct surface coal mining <br />at the Carbon Junction Mine. The mine is located in Section 33, T35N, <br />R9W, N.M.P.M.; Section 33, T34 1/2N, R9W, N.M.P.M. and Section 4, T34N, <br />R9W, N.M.P.M. <br />This approval decision is based on a finding that the proposed operation <br />will comply with all requirements of the Colorado State Program, as found <br />in Colorado Surface Coal Mining Reclamation Act, C.R.S. 1979, as amended, <br />34-33-101 et sec., and the Regulations promulgated pursuant to the Act. <br />If no requests for a formal hearing are made within 30 days of the <br />issuance of this proposed decision, then this decision becomes final and, <br />upon acceptance by the applicant, the permit application and stipulations <br />contained herein will become a binding part of the permit. <br />LIST OF STIPULATIONS <br />Stipulation No. 1 <br />PUEBLO COAL COMPANY SHALL SUBMIT TO THE DIVISION CERTIFICATION BY A <br />QUALIFIED PROFESSIONAL ENGINEER THAT THE SLURRY PONDS HAVE BEEN <br />CONSTRUCTED ACCORDING TO THE DESIGNS AND SPECIFICATIONS IN THE <br />PERMIT APPLICATION. THE CERTIFICATION SHALL BE SUBMITTED TO THE <br />DIVISION WITHIN ONE MONTH (30 DAYS> OF COMPLETING THE CONSTRUCTION <br />OF THE PONDS. <br />Stipulation No. 2 <br />THE MONITORING STAND PIPES WILL BE MONITORED WEEKLY DURING THE <br />OPERATION OF THE SLURRY PONDS. IF WATER IS ENCOUNTERED WITHIN THE <br />STAND PIPES, WATER QUALITY SAMPLES SHALL BE COLLECTED AND <br />IMMEDIATELY ANALYZED FOR ALL WATER QUALITY PARAMETERS REQUIRED BY <br />THE DIVISION. RESULTS OF WATER QUALITY ANALYSES SHALL BE SENT TO <br />THE DIVISION WITHIN 30 DAYS. RECORDS OF WEEKLY MONITORING SHALL BE <br />SUBMITTED QUARTERLY TO THE DIVISION. <br />