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PROPOSF.17 DF.CISN 1N <br /> The Colorado Division of Minerals and Geology proposes to approve, with two stipulations, an application <br /> for renewal of a valid existing permit. The permit renewal (RN-05) is for a five year term, and does not <br /> entail any increase in permitted acreage or mine plan expansion. The Division is not proposing to approve <br /> any modifications to the approved mining and reclamation plan in the context of the permit renewal. A <br /> number of modifications to the permit were previously approved within Technical Revision No. 11, which <br /> the operator had submitted in response to adequacy issues identified by the Division during initial review of <br /> the permit renewal application. <br /> This decision is based on a finding that the operations will comply with all requirements of the Colorado <br /> State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., <br /> and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within <br /> thirty(30)days of the first publication of the issuance of this proposed decision,then this decision becomes <br /> final. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit <br /> application, all supporting documentation and any stipulations or conditions will become a binding part of <br /> the permit. The stipulations imposed on the permit as a part of this proposed decision are as follows: <br /> STIPULATION NO.26 <br /> THE ANNUAL HYDROLOGIC REPORT (AHR) COVERING THE PREVIOUS WATER YEAR FOR <br /> THE MCCLANE CANYON MINE WILL BE SUBMITTED NO LATER THAN FEBRUARY 1 EACH <br /> YEAR <br /> STIPULATION NO. 27 <br /> SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE USED AS A TOPDRESSING OR <br /> TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(a), UPON SUBMITTAL OF CHEMICAL <br /> AND PHYSICAL ANALYSES DEMONSTRATING THAT THE MATERIAL IS EQUAL TO OR MORE <br /> SUITABLE FOR SUSTAINING VEGETATION THAN AVAILABLE TOPSOIL OR OTHER PLANT <br /> GROWTH MEDIA. SUCH DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE <br /> COMPOSITE SAMPLE OF THE MATERIAL OBTAINED FROM EACH POND CLEANOUT <br /> EPISODE. REQUIRED PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE <br /> EXCEPTION OF THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. <br /> ANALYSES FOR SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE <br /> INCLUDED IN ADDITION TO THOSE LISTED. POND CLEANOUT MATERIAL WILL NOT BE <br /> PLACED IN THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING <br /> PRIOR TO OBTAINING WRITTEN APPROVAL FROM THE DIVISION. <br /> Stipulation No. 22, Stipulation No. 23, Stipulation No. 24, Stipulation No. 25, Stipulation No. 28, and <br /> Stipulation No. 29, attached to the previous permit are no longer included. These stipulations have all been <br /> satisfactorily resolved and terminated. Resolution of the stipulations is explained in the Division's Mid- <br /> Term Permit Review document dated February 19, 1999. <br /> Stipulations 26 and 27 were attached to the previous renewal permit,and they remain in effect. <br /> 2 <br />