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PROPOSED DECISION The Colorado Division of Reclamation, Mining and Safety proposes to approve, with one stipulations, an application for renewal of a valid existing permit. The permit renewal (RN-06) is for a five year term, and does not entail any increase in permitted acreage or mine plan expansion. The Division is not proposing to approve any modifications to the approved mining and reclamation plan in the context of the permit renewal. A number of modifications to the permit were previously approved within Technical Revision No. 15 (TR-15), which the operator had submitted in response to adequacy issues identified by the Division during initial review of the permit renewal application. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coat 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. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. Stipulation 27 was attached to the previous renewal permit, and will remain in effect. No additional stipulations have been placed on the permit as a result of RN-06. Stipulation 26 which was attached to the previous renewal permit has been eliminated, due to commitment incorporated into the permit narrative. STIPULATION NO. 27 SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE USED AS A TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(a), UPON SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT THE MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAINING VEGETATION THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF THE MATERIAL OBTAINED FROM EACH POND CLEANOUT EPISODE. REQUIRED PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE EXCEPTION OF THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE INCLUDED fN ADDITION TO THOSE LISTED. POND CLEANOUT MATERIAL WILL NOT BE PLACED IN THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO OBTAINING WRITTEN APPROVAL FROM THE DIVISION.