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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve, with conditions, an <br />application from NCIG Financial, Inc. for permit renewal. <br />This decision is based on a finding that the operations will comply with all requirements of <br />the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation <br />Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no <br />request for a formal hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final and the permit will be <br />issued. The permit application, all supporting documentation and any stipulations or <br />conditions will become a binding part of the permit. <br />The Division has been able to make the necessary findings for the proposed reclamation <br />operation, with the following stipulations which were in effect prior to renewal of the permit. <br />Stipulation No. 4 <br />THE PERMP3"TEE MUSF, AT ALL TIMFS, SUPPLY ADEQUATE WATER FOR FLOOD IRRIGATION OF THE <br />ALLUVIAL VALLEY FLOOR BELOW THE VULCAN DITCH. IF, AT ANY TIME DURING THE IRRIGATION SEASON <br />(MAY, .TUNE, JULY, AUGUST, AND SEPTEMBER), THE FLOW IN THE VULCAN DITCH DROPS BELOW L6 <br />CUBIC FEET PER SECOND, THE PERMITTEE MUST RECEIVE DMSION APPROVAL HASED ON A DEMONSTRATION <br />THAT THE WATER IS NOT NECESSARY FOR IRRIGATION OF THE ALLUVL4L VALLEY FLOOR, BEFORE USING <br />THE WATER IN THE MIMNG OPERATION. <br />Stipulation No. 27 <br />NO LATER THAN OCTOBER 1, 1997, THE OPERATOR WILL SUBMIT AN AMENDED IRRIGATED HAYLAND <br />PRODUCTION STANDARD REFLEC[TVE OF THE POTENMI. PRODUCTION UNDER IRRIGATED CONDITIONS FOR <br />THE AI'FEC"I'ED SOIL TYPES IN A NORMAL YEAR, ASSUMING PRUDENT MANAGEMENT CONSISTENT WITH <br />REGIONAL PRACTICES. THE STANDARD WILL BE SUPPORTED BY NRCS SOIL SURVEY INFORMATION, OR <br />COMPARABLE TECHMCAL DOCUMENTATION. <br />ALTERNATIVELY, A REFERENCE OR COMPARISON AREA MAY BE ESTABLISHED ON ADJACENT IRRIGATED <br />FV+YLANDS, UPON DEMONSTRATION THAT 7HE ADJACENT LANDS ARE COMPARABLE TO THE AFFECTED AREA <br />WITH RESPECT TO SOIL TYPE AND CROP SPECIES, AIVD THAT PRUDENT MANAGEMENT CONSISTENT WI'll-1 <br />REGIONAL PRACTICES WOULD BE APPLIED TO THE ADJACENT LANDS THROUGHOUT THE LWBILITY PERIOD. <br />One additional stipulation is being imposed in conjunction with the Division proposed <br />decision to renew the Coal Ridge No. 1 Mine permit. <br />Stipulation No. 28 <br />WITHIN 6O DAYS OF THE DMSIONS PROPOSED DECISION TO RENEW THE COAL RIDGE NO. I MINE <br />PERMIT, NCIG FINANCIAL, INC. MUST SUBMIT TO THE DMSION PROOF TIiAT rT IS IN GOOD STANDING <br />Coal Ridge No. 1 Mine 2 Permit Renewal No. 3 <br />