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For Permit Revision O5: T34N R11W, N.M.P.M. Section 5: SW'/a SW'/e, NW'/a SW'/a, S'/x SW'/a NW'/e Section 6: E'/z NE % , E'/z SE %a For Permit Revision 06: T34N, R11W, N.M.P.M. Section 6, Lots 1-5 (inclusive): NE'/a SW'/a,NW'/a SE'/a The affected area of the permit now encompasses 1702.4 acres, more or less (see Map C-3). For a detailed breakdown of the different ]eases, please see section 2.03.6 of the permit. Proposed Decision The Colorado Mined Land Reclamation Division proposes to approve with an application for the revision of a valid existing permit which entails the addition of an additional 195 acres, more or less, to the existing pertnitted acreage. The application was submitted by Mr. Brad Gosche and Mr. Tom Bird for the King Coal Mine. This decision is based on a fmding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final and the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. All previous conditions and stipulations have been complied with, however, one new stipulation has been introduced. The new stipulation is: STIPULATION 15 : COAL MINING SHALL NOT OCCUR IN THE 195 ACRE TRACT REFERENCED IN PERMIT REVISION 06, LOCATED IN T34N, R11W, N.M.P.M.SECTION 6, LOTS 1-5 (INCLUSIVE): NE'/. SW'/a,NW'/a SE'/<, UNTIL ADEQUATE DOCUMENTATION HAS BEEN PROVIDED TO SHOW THAT NATIONAL KING COAL HAS THE LEGAL RIGHT TO ENTER AND MINE THE SUBJECT COAL. SPECIFICALLY, DOCUMENTATION MUST BE PROVIDED TO INDICATE THAT NKC HAS SECURED THE BLM COAL MINE LEASE {/ COC 60941. THE DOCUMENTATION SHALL BE PROVIDED IN THE FORM OF A MINOR REVISION TO THE PERMIT NO. C-81-035. MINING IN THE SUBJECT COAL WITHOUT ALL REQUIRED RIGHT-TO-ENTER DOCUMENTATION INCORPORATED INTO THE PERMIT WILL RESULT IN ENFORCEMENT ACTIONS. 2