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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve an application for revision <br />of a valid, existing permit. There aze four stipulations that have been carried over from previous <br />permitting actions that aze still active. <br />St~ulation No. 14 <br />Somerset Mining Company must submit a mine plan change to, and receive approval from, <br />all applicable state and federal agencies before pulling pillars from the B seam underneath <br />any unmined C seam azeas with less than 1,500 feet of cover within Federal Coal Lease <br />COC-53510. <br />Stimulation No. 16 <br />The operator will, pursuant to Rule 4.10.2(2)(b), submit to the Division as part of the <br />quarterly coal mine waste pile inspection report, compaction test results for that pile. <br />Testing will take place on an as-needed basis, depending on the rate at which the pile <br />receives coal mine waste, to ensure stability of the pile. <br />Stimulation No, 25 <br />Upon completion of construction, Oxbow shall submit a final volume for the total salvaged <br />topsoil and amount of topsoil available for future reclamation at each of the following <br />West Valley fill haul road; west valley fill; ells creek facilities and stockpile azea expansion; <br />pond C. <br />Stimulation No. 34 <br />Approval of Permit Revision No. 4 is conditioned upon the submittal and Division <br />approval of the following: <br />1. As-built certifications for each of the existing sediment ponds. The as-built <br />certifications aze to follow the format presented in OMLLC's response to question <br />number 26 in OMLLC's letter to the Division dated November 7, 2001. <br />2. Revised sediment pond cross-section and plan view drawings for Pond A, <br />Pond B, the Upper Hubbard Gulch Pond and the Sanborn Creek Mine Dewatering <br />Pond that depict the locations of the primary and emergency discharge structures. <br />[Note: Stipulation Nos. 1 through 13, 15, 17, 18, 19, 21 through 24, and 26 through 32 have all <br />been previously complied with. No. 33 was withdrawn because it dealt with a temporary situation <br />- a temporary water discharge -which has since been curtailed.] <br />