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<br />-2- <br />PROPOSED DECISION <br />The Rockcastle Company <br />Grassy Gap No. 1 Mine <br />The Colorado Mined Land Reclamation Division proposes to approve, with <br />stipulations, an application for a permit to conduct coal mining submitted by <br />The Rockcastle Company for the Grassy Gap No. 1 Mine. <br />This approval decision is based on a finding that the proposed operation will <br />comply with all requirements of the Colorado Surface Coal Mining Reclamation <br />Act, C.R.S. 1973, as amended, 34-33-101 et seq., and the regulations <br />promulgated pursuant to the Act. <br />The permit application and the stipulations will become a binding part of the <br />permit upon approval. The stipulations for the Grassy Gap No. 1 Mine are as <br />follows: <br />List of Stipulations <br />Stipulation No. 1: <br />THE PERMITTEE WILL INSTALL A STAFF GAUGE AT SEDIMENT POND 4 TO <br />INDICATE SEDIMENT LEVEL. THE POND SEDIMENT LEVEL WILL BE MAINTAINED <br />AT LESS THAN 1.75 ACRE FEET OF SEDIMENT. THE STAFF GUAGE WILL BE <br />INSTALLED WITHIN ONE MONTH OF ISSUANCE OF THE PROPOSED DECISION. <br />Stipulation No. 2: <br />THE PERMITTEE WILL REGISTER THE PIT 5/6 SEDIMENT POND WITH THE <br />COLORADO DEPARTMENT OF WATER RESOURCES. THE FORM REQUIRED IS FOR <br />LIVESTOCK WATER TANK - AS BUILT STRUCTURE. THE POND MUST BE <br />REGISTERED PRIOR TO FINAL BOND RELEASE. <br />Stipulation No. 3: <br />1. THE PERMITTEE WILL TEST THE FOLLOWING SURFACE WATER SITES MONTHLY <br />FOR FIELD PARAMETERS OF TEMPERATURE, pH, CONDUCTIVITY, AND DISSOLVED <br />OXYGEN. <br />SW1 SW4 <br />SW2 SW7 <br />SW3 SW8 <br />