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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to Approve With Four Stipulations an <br />application for a permit revision to revise coal mining operations. <br />The application was submitted by BRL for the Bowie No. 2 Mine. This decision is based on a <br />finding [hat the operations will comply with all requirements of the Colorado State Program, as <br />found in the Colorado Surface Mining Reclamation Act, C.R.S. 34-33-101 et. seq., and the <br />Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within <br />thirty (30) days of the first publication of the issuance of this proposed decision, then this <br />decision becomes final. The original permit to conduct coal mining operations was issued <br />previously. The Division is currently in possession of a reclamation bond in the form of a <br />corporate surety and a letter of credit, whose combined value is less than the amount of the <br />estimated reclamation bond liability. However, BRL has submitted an additional bond <br />instrument to cover the liability increase in Permit Revision No. 6. The Division will determine <br />if the bond instrument is acceptable. Permit Revision No. 6 can have a proposed decision and go <br />through the subsequent 30 day public comment period, but it can not be issued until a properly <br />executed reclamation liability bond of a sufficient amount has been approved by the Division. <br />The permit revision application, all supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />The original permit approval contained Stipulations Nos. 1, 2, 3 and 4. All four of these <br />stipulations were complied with when BRL secured the necessazy 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. Approval of Permit <br />Revision No. 4 was conditioned on three new stipulations, numbers 8, 9 and 10. For the approval <br />of Permit Revision No. 5, Stipulations numbers 7 and 8, and new compliance issues brought up <br />during the review of PR-O5, were combined into a new stipulation, Stipulation number 12. <br />Because of updates in the AVS information, Stipulation No. 12 was modified for the proposed <br />decision for Permit Revision No. 6. Stipulations numbers 7 and 8 were, subsequently, <br />terminated. Stipulations numbers 9 and 10 aze still active. Stipulation No. 11, attached to Field <br />Minor Revision No. 17, was complied with when BRL supplied [he required permit text. <br />Stipulation No. 13 was added to the proposed decision for Permit Revision No. 6. The following <br />are the active stipulations: <br />Stipulation No. 9 <br />A detailed subsidence study for Terror Creek Reservoir dam (Bruce Pazk dam) will be completed <br />and approved prior to mining within one mile of the dam. The study will establish baseline <br />conditions, potential mining-induced seismicity and potential translated effects to the dam. <br />3 <br />