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-2- PROPOSED DECISION Foidel Creek Mine The Colorado ~~lined Land Reclamation Division proposes to approve with stipulations an application for a permit revision to conduct underground coal mining submitted by The applicant for the Foidel Creek Mine. This approval decision is based on a finding that the proposed operation will comply with all requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 1973, as amended, 34-33-1U1 et sew., and the Regulations promulgated pursuant to the Act. The permit application and the stipulations will become a binding part of the permit upon approval. The stipulations for the Foidel Creek Mine are as follows: Sti ulation No. 1 T V R Y TH APPLICANT'S PREDICTIONS OF STREAM DEPLETIONS IN THE AREA OF THE 'WADGE COAL-OVERBURDEN AQUIFER DISCHARGE AREA ON FISH CREEK, THE APPLICANT SHALL INSTALL AND MONITOR A SET OF NESTED PIEZUMETERS COMPLETED IN THE ALLUVIUM OF FISH CREEK OVERLYING THE SUBCROP OF THE WADGE COAL-OVERBURDEN AQUIFER. A PLAN SHALL BE SUBMITTED WITHIN 30 DAYS AND THE WELLS SHALL BE INSTALLED WITHIN 120 DAYS OF ISSUANCE OF THIS PERMIT. THE WELLS SHALL BE MONITORED MONTHLY FOR WATER LEVELS AND THE RESULTS OF MONITORING SUBMITTED QUARTERLY TO THE DIVISION. Stipulation No. 2 WITHIN 30 DAYS OF THE PERMIT ISSUANCE, THE APPLICANT SHALL SUBMIT TO THE DIVISION FOR REVIEW A PLAN TO DISCONTINUE THE DISCHARGE OF ANY WATER FROM THE SPOILS AQUIFER TO THE SURFACE WATER/ALLUVIAL AQUIFER SYSTEM. THE PLAN SHALL BE PUT INTO EFFECT WITHIN 45 DAYS OF APPROVAL BY THE DIVISION. Stipulation No. 3 THE APPLICANT SHALL INCLUDE, AS PART OF THE QUARTERLY HYDROLOGIC MONITORING SUBMITTAL, THE RESULTS OF ALL HYDROLOGIC MONITORING REQUIRED BY THE COLORADO DEPARTMENT OF HEALTH. Stipulation No. 4 WITHIN 60 DAYS OF PERMIT APPROVAL, THE APPLICANT SHALL SUBMIT A PLAN FOR MONITORING THE DISCHARGE OF WATER FROM THE UNDERGROUND WORKINGS. THE MONITORING PLAW SHALL INCLUDE CONTINUOUS FLOW MONITORING, MONTHLY SAMPLING OF FIELD PARAMETERS, ANO QUARTERLY SAMPLING OF FULL SUITE WATER QUALITY. THE APPROVED i~IUNITORING PLAN SHALL GO INTO EFFECT AS SOON AS WATER IS DISCHARGED FROM THE UNDERGROUND WORKINGS, AND THE MONITURING RESULTS SHALL BE INCLUDED IN THE OPERATOR'S QUARTERLY HYDROLUGIC REPORTS.