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,. <br />Proaosed Decision <br />The Colorado Division of Minerals and Geology proposes [o APPROVE WITH <br />STIPULATIONS .RAG Empire Corporation's application for permit renewal and revision RN- <br />03. <br />This decision is based on a finding that the operations will comply with all requirements of the <br />Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. <br />34-33-101 et seq., and the Regulations promulgated pursuant to the Act. <br />If no 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. Upon submittal of <br />acceptable surety by the applicant, the permit renewal will be issued. The permit application, all <br />supporting documentation, and any stipulations or conditions will become a binding part of the <br />permit. <br />The following Stipulations 9 and 10 were previously attached to the permit and remain a part of <br />the permit. <br />STIPULATION 9 <br />THE DMSIOPd DIRECTS RAG EMPIRE CORPORATION TO PLACE FOUR FEET OF NON- <br />TOXIC, NON-ACIDIC AND NON-ALKALINE MATERIAL ON THE COAL PROCESSL^1G <br />WASTE PILE UNTIL SUCH TIME AS RAG EMPIRE CORPORATION SATISIFACTORILY <br />DEMONSTRATES TO THE DNISION THAT THE REVEGETATION REQUIItF,MENT OF RULE <br />415 CAN BE ACHIEVED USING LESS THAN FOUR FEET OFNON-TOXIC COVER. W <br />ADDTI'ION, RAG EMPIRE MUST DEMONSTRATE THAT THERE IS SUFF7CTENT MATERIAL <br />AVAILABLE TO PROVIDE THE FOUR FEET OF COVER, AND WILL ADDRESS THE <br />SALVAGE AND STOCK PILING OF THE COVER MATERIAL PRIOR TO A,'VY FURTHER <br />REFUSE DISPOSAL WI'T'HIN THE REFUSE AREA. <br />STIPULATION IO <br />THE APPROVAL OFTHE PROPOSED DRYLAND SEEDMIX, SPECIES DNERSITY <br />STANDARD AND REFERENCE AREA FOR THE NO. 9 PORTAL AREA ARE WITHHELD <br />PENDING DIVISION INSPECTION AND EVALUATION OF THE PROPOSED RE[ERENCE <br />AREA DURING THE 1997 GROWING SEASON. <br />