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-z- Proposed Decision In accordance with Sec. 34-33-114(1), the Colorado Mined Land Reclamation Division proposes to approve in-part, with stipulations, a Permit Revision application to conduct coal mining and reclamation operations submitted by New Castle Energy Corporation, Inc, for the Coal Ridge No. 1 Mine. The permit term is to be five years. This decision is based upon the finding that the operations proposed to be approved will comply with all requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 1973, as amended, 34-33-101 et seg., and the regulations promulgated pursuant to the Act. The permit application, these findings, the stipulations and previous decision documents for the mine will become a binding part of the permit upon approval. The stipulations for the Coal Ridge No. 1 Mine are as follows: STIPULATION N0. 16 IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF TEMPORARY CESSATION. STIPULATION N0. 17 FOLLOWING DIVISION INSPECTION OF SHALL WITHIN 60 DAYS EITHER A) IF REPORT IN COMPLIANCE WITH RULE 4. CIRCUMSTANCES BEHIND LOSS OF THE ACCORDANCE WITH 4.07.3. THE AREA OF WELL OW-4L, THE APPLICANT THE WELL HAS NOT BEEN LOCATED, SUBMIT 07.3(3) WHICH DESCRIBES THE WELL, OR B) RECLAIM THE WELL IN STIPULATION N0. 18 WITHIN 180 DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL RESURVEY ALL EXISTING TOPSOIL STOCKPILES, AND DETERMINE WHETHER A 16 INCH REPLACEMENT DEPTH IS POSSIBLE. IF IT IS DETERMINED NOT TO BE POSSIBLE, THE RECLAMATION PLAN SHALL BE MODIFIED ACCORDINGLY. STIPULATION N0. 19 SPECIES DIVERSITY ON AREAS RECLAIMED TO NATIVE VEGETATION SHALL BE DEEMED SUCCESSFUL IF THE PERMITTEE ESTABLISHES AT LEAST FOUR (4) COOL SEASON GRASSES AND TWO (2) FORBS WITH EACH SPECIES NOT REPRESENTED BY MORE THAN THREE (3)% RELATIVE COVER OR MORE THAN 40% RELATIVE COVER. COVER TO BE DETERMINED BY MEASUREMENTS MADE FROM VEGETATIVE COVER DATA ASSEMBLED DURING SAMPLING FOR MONITORING OR REVEGETAION SUCCESS DETERMINATIONS.