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iii iiuiiiiiiiu iii <br /> <br />DIVISION OF A1IN ERALS AND GEOLOGY <br />Department of Nawral Resources <br />I -V I ~i ~i„vman ii rinum _' i i <br />Denver, CU 90!03 <br />Phone: (3031 866-3 i67 <br />FAX: 13031 93?-8106 <br />i1~TE OF CU~Oi~i~U <br />PROPOSED DECISION <br />for <br />Approval of Permit Renewal <br />of co '. <br />Fe~~~T. <br />IMI _ T':~, <br />\~~lg~ - <br />Roy Rnmpr <br />Governor <br />,vtichael B. Lung <br />Division Director <br />Pursuant to C.R.S. 34-33-109(7), the Colorado Division of Minerals and Geology <br />proposes to approve with conditions the renewal of a permit to Conduct surface <br />coal mining and reclamation operations at the Foidel Creek Mine. <br />This decision is based on a review of the complete and accurate application <br />and the existing permit, including all conditions and revisions approved up to <br />May 23, 1993. In accordance with C.R.S. 34-33-i09(7)(a), the Division makes a <br />determination of the absence of the following criteria which would warrant <br />that the permit not be renewed: <br />1. The terms and conditions of the valid, existing permit are not being <br />satisfactorily meet; <br />2. The present surface coal mining and reclamation operation is not in <br />compliance with all requirements of the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34-33-101 et seg., and the Regulations <br />promulgated thereunder; <br />3. The renewal requested substantially jeopardizes the permittee's <br />continuing responsibility on existing permit areas; <br />4. The operator has not provided evidence that the performance bond in <br />effect for the operation will continue in full force for the proposed <br />period of renewal as well as any addltional bond required; <br />5. Any additional revised or updated information as required has not been <br />provided. <br />Based on a preponderance of the evidence, the permit issued to Twentymile Coal <br />Company meets the requirements under the right of successive renewal. <br />The permit application will remain a binding part of the permit. Renewal of <br />the permit will be for a term of five (5) years. <br />I conclude that there is no basis for denying the renewal. <br />DIVISION OF MINERALS AND GEOLOGY <br />Director <br />L~~\~~ <br />Date <br />3910G <br />