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Proposed Decision <br />The Colorado Division of Minerals and Geology proposed to Approve With One Stipulation an <br />application for a permit revision to revise coal mining operations. <br />The application was submitted by BRL for the mine. This decision is based on a finding that the <br />operations will comply with all requirements of the Colorado State Program, as found in the <br />Colorado Surface Mining Reclamation Act, C.R.S. 34-33-101 et. seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal heazing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. The original permit to conduct coal mining operations was issued previously and an <br />acceptable surety to cover reclamation activities is in place. The permit revision application, all <br />supporting documentation and any stipulations or conditions will become a binding part of the <br />permit. <br />The original permit approval contained Stipulations Nos. I, 2, 3 and 4. All four of these <br />stipulations were complied with when BRL secured the necessary permits and approvals. <br />Stipulation No. 5 was attached to Minor Revision No. 4 and was complied with when BRL <br />performed the required action. Stipulation No. 6 had been attached to Minor Revision No. 5 and <br />was complied with when BRL submitted the required revised maps and permit application text. <br />Stipulation No. 7 was attached to the decision for Permit Revision No. 2 and is still active for <br />Permit Revision No. 3. <br />Stipulation No. 7 <br />Approval of Permit Revision No. 2 for the Bowie No. 2 Mine is conditioned upon the resolution <br />of the following: <br />1) Kentucky citation no. C98-081-414-001, associated with Star Fire Mining Company; <br />2) Kentucky forfeiture, cessation orders nos. 050265 and 050320 and civil penalties nos. 052522, <br />052908 and 053099 for permit no. 8980140, associated with Catawaba Industries; <br />3) West Virginia cessation order no. 031-C for permit no. 5012782, associated with Cannelton <br />Industries Inc. <br />Proof of resolution should be submitted to the Colorado Division of Minerals & Geology as soon <br />as it becomes available <br />3 <br />