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oF'~~~ <br />ti .• Rr <br />~`' COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />~ ~B]6 ~ <br />PROPOSED DECISION <br />for <br />Approval of Permit Renewal <br />The Colorado Division of Minerals and Geology, in accordance with C.R.S. 34-33-109(7), <br />proposes to approve the renewal of a permit to conduct surface coal mining and reclamation <br />operations at the Marr Mine, Permit No. C-80-006. <br />This decision is based on a review of the complete and accurate application and the existing <br />permit, including all conditions and revisions approved up to May 14, 1996. In accordance with <br />C.R.S. 34-33-109(7)(a), the Division makes the following determinations which warrant that the <br />permit be renewed: <br />1. The terms and conditions of the valid, existing permit are being satisfactorily met; <br />2. The present surface coal mining and reclamation operation is in compliance with all <br />requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 <br />et seq., and the Regulations promulgated thereunder; <br />3. The renewal requested does not substantially }eopardize the permittee's continuing <br />responsibility on existing permit areas; <br />4. The operator has provided evidence that the performance bond in effect for the <br />operation will continue in full force for the proposed period of renewal as well as any <br />additional bond required; <br />5. Any additional revised or updated information as required has been provided. <br />Based on a preponderance of the evidence, the permit issued to Kerr Coal Company meets the <br />requirements under the right of successive renewal. <br />The permit application will remain a binding patt of the permit. Renewal of the permit will be <br />for a term of five (5) years. <br />I conclude that there is no basis for denying the renewal. <br />DIVISION O MINERALS AND G--EOLOGY <br />~ R <br />D' or <br />1~ 17~t~ <br />Date <br />