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The Colorado Division of Minerals and Geology proposes to approve, with two stipulations, an application for renewal of a valid existing permit. The permit renewal (RN-OS) is for a five yeaz term, and does not entail any increase in permitted acreage or mine plan expansion. The Division is not proposing to approve any modifications to the approved mining and reclamation plan in the context of the permit renewal. A number of modifications to the permit were previously approved within Technical Revision No. 11, which the operator had submitted in response to adequacy issues identified by the Division during initial review of the permit renewal application. This decision is based on a fording that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. The stipulations imposed on the permit as a part of this proposed decision are as follows: STIPULATION N0.26 THE ANNUAL HYDROLOGIC REPORT (AHR) COVERING THE PREVIOUS WATER YEAR FOR THE MCCLANE CANYON MINE WILL BE SUBMITTED NO LATER THAN FEBRUARY 1 EACH YEAR STII'ULATION N0.27 SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE USED AS A TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4xa), UPON SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT THE MATERIAL IS EQUAL TO OR MORE SUTI'ABLE FOR SUSTAINING VEGETATION THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF THE MATERIAL OBTAINED FROM EACH POND CLEANOUT EPISODE. REQUIRED PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE EXCEPTION OF THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE INCLUDED IN ADDITION TO THOSE LISTED. POND CLEANOUT MATERIAL WILL NOT BE PLACED IN THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO OBTAINING WRITTEN APPROVAL FROM THE DIVISION. Stipulation No. 22, Stipulation No. 23, Stipulation No. 24, Stipulation No. 25, Stipulation No. 28, and Stipulation No. 29, attached to the previous permit are no longer included. These stipulations have all been satisfactorily resolved and terminated. Resolution of the stipulations is explained in the Division's Mid- Term Permit Review document dated February 19, 1999. Stipulations 26 and 27 were attached to the previous renewal permit, and they remain in effect.