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File C-81-019, TR-53 June 28, 2001 Page 11 of 13 Pages Rule 2.08.4(6)(b)(ii): See the Rules for the text of this rule. The application is in compliance with this rule. See Rule 2.07.3(3)(c) above. Comments were received from the Colorado Historical Society and the Colorado Natural Heritage Program. Rule 2.08.4(6)(b)(iii): Within 60 days after the filing of a complete application for a technical revision, the Division shall issue a proposed decision approving or denying the application in whole or in part. ~ A written copy of such decision shall be promptly provided to the permittee and shall be published once in a newspaper of general circulation in the locality of the surface coal mining operation. ~ The applicant or any person with an interest which is or may be adversely affected may request a hearing by the Board. ~ The request for a hearing must be received in writing by the Division within 10 days after such publication and shall contain a brief and plain statement offacts which indicate the requestor may be adversely affected, and briefly summarize the issues to be raised by the requestor at the hearing. If properly requested under the provisions of this subsection, a hearing shall be held at the next regularly scheduled Board meeting and a final decision shall be made at that hearing and become immediately effective with notice of the decision being mailed to the permittee. If no request for a hearing is received within such 10 day period the proposed decision of the Division shall immediately become final upon the expiration of said period. ' A proposed decision was developed on June 5, 2002. The public notice was published in the Craig Daily Press on June 14, 2002. It provides fora 10-day public comment period following publication (closes on June 24, 2002). Rute 4.05.9(18) The Division may waive the requirements of 4. D5.9(17) for certain impoundments if the permittee adequately demonstrates, in writing, that fadlure of the impoundments) will not create a threat to public health and safety or threaten significant environmental harm. The following provisions apply to the review and approval of any waiver from the requirements of Rule 4.05.9(17). No written demonstration was provided. The applicant was asked to provide the demonstration in an adequacy letter of January 8, 2002. The demonstration was provided in a Colowyo response of May 29, 2002. However, it was not submitted as a proposed part of the PAP. The applicant was asked to submit it as a part of the PAP. This was done in a response of May 29, 2002. Rule 4.05.9(18)(a) The waiver must be approved by the Division, and may only be applied to impoundments which are not the primary sediment control structure for a particular area; are constructed in reclaimed areas of the mine to enhance the approved postmining land use; which are completely incised, or which have a storage capacity no greater than two-acre feet and an embankment no greater than five feet in height, as measured vertically from the upstream toe of the embankment to the bottom of the spillway.