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• <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Sr, Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAx: 13031 83 2-81 06 <br /> <br />STATE OF COLORADO <br />PROPOSED DECISION <br />for <br />Approval of Permit Renewal <br />Pursuant to C.R.S. 34-33-109(7), the Colorado Division of Minerals and <br />Geology proposes to approve with conditions the renewal of a permit to <br />conduct surface coal mining and reclamation operations at the Energy Mine <br />~I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lxhhead <br />E%eCUlive DueCror <br />Michael B. Long <br />Division Dnet~or <br />No. 3. <br />This decision is based on a review of the complete and accurate application and <br />the existing permit, including all conditions and revisions approved up to <br />July 12, 1995. In accordance with C.R.S. 34-33-109(7)(a), the Division makes a <br />determination of the absence of the following criteria which would warrant that <br />the permit not be renewed: <br />1. The terms and conditions of the valid, existing permit are not being <br />satisfactorily met; <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 sec., 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 additional 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 Colorado Yampa <br />Coal 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 />~~~ <br />Director <br />~\\~\~`~ <br />Date <br />2548G <br />