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-2 - <br />PROPOSED DECISION <br />for <br />Approval of Permit Renewal <br />Pursuant to C.R.S. 34-33-109(7), the Colorado Mined Land Reclamation Division <br />proposes to approve the renewal of a permit to conduct surface mining and <br />reclamation operations at the Bourge Strip Mine. <br />This decision is based on a review of the complete and accurate application _ _ <br />and the existing permit, including all conditions and revisions approved up to <br />April 11, 1988. In accordance with C.R.S. 34-33-109(7)(a), the Division makes <br />a determination of the absence of the following criteria which would warrant <br />that the permit not be renewed: <br />1. The terms and conditions of the valid, existing permit are not being <br />satisfactorily met; <br />2. The present surface coal mining and reclamation operation is not in <br />compliance with all requirements of the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br />promulgated thereunder; _ <br />3. The renewal requested substantially jeopardizes the permittee's <br />continuing responsibility on existing permit areas; <br />4. The operator has not provided evidence that the performance bond in <br />effect for the operation will continue in full force for the proposed <br />period of renewal as well as any additional bond required; <br />5. Any additional revised or updated information as required has not been <br />provided. <br />Based on a preponderance of the evidence, the permit issued to Walden Coal <br />Company meets the requirements under the right of successive renewal. <br />The permit application will remain a binding part of the permit. Renewal of <br />the permit will be for a term of five (5) years. <br />ine an Rec ama on D v soon, Direc or <br />Date <br />