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Thence N 21 ° 31' 37" E, 791.07 feet; Thence N 85° 48' 07" E, 1505.47 feet to the east line of the SE'/aSE'/a of said Section 33, Township 35 North; Thence S 00° 53' 22" lN, 709.42 feet along the east line of the SE'/aSE% of said Section 33, Township 35 North to the point of beginning. Contains 222.950 acres more or less. The above mentioned tracts are shown on the USGS 7.5 minute Durango East and Loma Linda quadrangle maps. Proposed Decision The Colorado Division of Minerals and Geology proposes to approve with stipulations an application for a permit renewal to conduct coal mining operations. The application was submitted by Savage & Savage for the mine. This decision is based on a finding that the operations will comply with all requvements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, Section 34-33-101 et seq., C.R.S. 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. All previous conditions and stipulations from other permitting actions have been complied with, however, one new stipulation has been introduced. The new stipulation is: Stipulation 7: DUE TO THE LAND USE CHANGE FROM WILDLIFE HABITAT TO INDUSTRIAL, COMERICAL, AND RESIDENTIAL, THE MEANS OF DETRERMINING THE CORRECT METHOD OF EVALUATING THE REVEGETATION MDC AND SUCCESS STANDARDS WILL NEED TO BE REVISED. INCLUDE IN THE REVISION ALTERNATIVES FOR DISTURBED AREA RECLAMATION IF THE PROPOSED LAND USE CHANGES DO NOT TAKE PLACE WITHIN THE ALLOYED TWO YEAR TIMEFRAME COMMENCING WHEN MINING HAS CONCLUDED. THIS REVISION IS TO BE SUBMITTED WITHIN 90 DAYS AFTER THE PERMIT RENEWAL IS ISSUED.