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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to Approve an application for a permit <br />revision to revise coal mining operations. <br />The application was submitted by BRL for the mine. This decision is based on a finding that the <br />operations will comply with all requirements of the Colorado State Program, as found in the <br />Colorado Surface Mining Reclamation Act, C.R.S. 34-33-101 et. seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. The original permit to conduct coal mining operations was issued on April 4, 1997. The <br />Division is in possession of a reclamation bond in the form of cash and a corporate surety whose <br />combined value is approximately the amount of the estimated reclamation bond liability. <br />The permit revision application, all supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />The original permit approval contained Stipulations Nos. 1, 2, 3 and 4. All four of these <br />stipulations were complied with when BRL secured the necessary permits and approvals. <br />Stipulation No. 5 was attached to Minor Revision No. 4 and was complied with when BRL <br />performed the required action. Stipulation No. 6 had been attached to Minor Revision No. 5 and <br />was complied with when BRL submitted the required revised maps and permit application text. <br />Stipulation No. 7 was attached to the decision for Permit Revision No. 2. Approval of Permit <br />Revision No. 4 was conditioned on three new stipulations, Nos. 8, 9 and 10. For the approval of <br />Permit Revision No. 5, Stipulations Nos. 7 and 8, and new compliance issues brought up during <br />the review of PR-O5, were combined into a new stipulation, Stipulation No. 12. Stipulation No. <br />12 was modified later for PR-07 and for PR-08. Stipulations Nos. 7 and 8 were, subsequently, <br />terminated. Stipulations Nos. 9 and 10 aze still active. Stipulation No. 9 was revised when BRL <br />modified its D-2 coal seam mine plan. However, the stipulation was not terminated in case BRL <br />plans to mine the B-2 coal seam to within one mile of the Bruce Pazk Dam. Stipulation No. 11, <br />attached to Field Minor Revision No. 17, was complied with when BRL supplied the required <br />permit text. Stipulation No. 13 was added to the decision for Permit Revision No. 6. Stipulation <br />No. 13 was terminated upon submission of the requested permits. Stipulation No. 14 was <br />attached to the decision for Permit Renewal No. 1. The following are the active stipulations: <br />Stiaulation No. 9 <br />A detailed subsidence study for Terror Creek Reservoir dam (Bruce Pazk dam) must be <br />completed and approved prior to that time when the projected angle of draw of mining is within <br />one mile of the Bruce Park dam. The study will establish baseline conditions, potential mining- <br />induced seismicity and potential translated effects to the dam. <br />Mining with a projected angle of draw that is within one mile of the Tenor Creek Reservoir <br />(Bruce Pazk dam) will not be approved until all necessary monitoring data, analyses, reports and <br />subsidence control plan details aze approved by the Division and it is shown that such mining <br />will not adversely impact the dam. <br />3 <br />