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<br />Proposed Decision <br /> <br />The Colorado Mined Land Reclamation Division proposes to approve with <br />stipulations an application for renewal of a valid existing permit. <br />The application was submitted by Wyoming Fuel Company for the New Elk (dine. <br />This decision is based on a finding that the operations will comply with all <br />requirements of the Colorado State Program as found in the Colorado Surface <br />Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made <br />within thirty (30) days of the first publication of the issuance of this <br />proposed decision, then this decision becomes final. Upon submittal of <br />acceptable surety by the applicant, the permit will be issued. The permit <br />application, alt supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />Stipulation No. 2(46) <br />IMMEDIATELY FOLLOWING SRTEAM CHANNEL RELOCATION CONSTRUCTION AND <br />BEFORE REROUTING THE PURGATOIRE BACK INTO ITS PERMANENT BANKS, <br />WYOMING FUELS COMPANY MUST COMPLETE A SURVEY OF THE NEWLY <br />CONSTRUCTED CHANNEL. THE COMPONENTS OF THE SURVEY ARE DETAILED <br />BELOW. <br />EACH FOLLOWING YEAR, DURING THE MONTH OF FEBRUARY (COINCIDING WITH <br />LOW-FLOW), WYOMING FUELS MUST RESURVEY ALL OF THE FOLLOWING <br />REQUIRED COMPONENTS OF THE CHANNEL AND SUBMIT THIS INFORMATION TO <br />THE DIVISION BY MAY 1ST OF EACH YEAR. <br />1. FIYE CROSS-SECTIONAL SURVEYS OF THE STREAM RELOCATION, <br />TO BE AGREED UPON BY THE DIVISION PRIOR TO THE SURVEY. <br />2. A LOtJGITUDINAL PROFILE OF THE STREAM BED FROM 50 FEET <br />ABOVE THE BRIDGE CROSSING THE PURGATOIRE RIVER, <br />EXTENDING TO 100 FEET BELOW THE STREAM RELOCATION <br />SECTION. <br />3. A MONUMENT TO BE PLACED ON THE NORTH BANK OF THE <br />RELOCATED PURGATOIRE RIVER IN THE STRAIGHT PORTION OF <br />THE CHANNEL RELOCATION FOR THE PURPOSE OF MEASURING <br />BANK MOVEMENT. THIS MONUMENT MUST BE PLACED IN AN AREA <br />WHERE NO FUTURE DISTURBANCE WILL OCCUR. <br />Stipulation No. 9A. <br />THE OPERATOR WILL CONTINUE TO MONITOR THE SPRINGS NUMBERED 12 THRU 20 IN <br />AUGUST OF EACH YEAR AND SUBMIT AN ASSESSMENT OF THE SIGNIFICANCE OF THE <br />SPRINGS AND SEEPS ON SURFACE FLOWS, IRRIGATION PRACTICES, LIVESTOCK <br />WATERING, WILDLIFE WATERING, AND DOMESTIC USE. THIS INFORMATION WILL BE <br />SUBIdITTED WITH THE ANNUAL HYDROLOGIC REPORT. <br />-1- <br />