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<br />PROPOSED DECISION <br />Ohio Creek Coal Mine No. 2 <br />October 29, 1981 <br />~~ <br />The Colorado Mined Land Reclamation Division proposes to approve with <br />stipulations an application for a permit to conduct coal mining submitted <br />to Henry L. and Opal Weaver for the Ohio Creek Coal Mine No. 2. <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. sue., and the regulations <br />promulgated pursuant to the Act. <br />The permit application and the stipulations will become a binding part of <br />the permit upon approval. The stipulations for the Ohio Creek Coal Mine <br />No. 2 are as follows: <br />1. IF, DURING THE COURSE OF MINING OPERATIOFJS, PREVIOUSLY UNIDENTIFIED CUL- <br />TURAL RESOURCES ARE DISCOVERED, TIfE APPLICANT SliALL ENSURE THAT THE SITE(SJ <br />IS NOS DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR <br />SHALL ENSURE TXAT TlIE RESOURCE(S) IS PROPERLY EVALUATED ZN TERMS OF <br />NATIONAL REGISTER ELIGIDILITY CRITERIA (36 CFR 60.6J. SHOULD A RESOURCE <br />BE FOUND ELIGIBLE FOR LISTING IN CONSULTATION IJI Tlf THE REGULATORY <br />AUTHORITY, THE LAND MANAGING AGENCY (IF TlIE SITE IS LOCATED ON FEDERAL <br />LANDS) AND THE SNPO, TF[E OPERATOR S![A LL CONFER WZT1( AND ODTAIN T}lE APPROVAL <br />OF THESE AGENCIES CONCERNING TlfE DEVELOPMENT AND IMPLEMENTATION OF <br />MITIGATION AfEASURES. <br />2. THE REVEGETATION SUCCESS STANDARD FOR lIERDACEOUS PRODUCTION SHALL <br />BE 125 GRAMS PER SQUARE AfETER, UNLESS T1fE APPLICANT CAN DEMONSTRATE <br />TO THE DIVISION TNAT AN ALTERNATE STANDARD IS APPROPRIATE. WITHIN <br />60 DAYS OF PERMIT ISSUANCE, THE APPLICANT MUST AMEND T1(E APPLICATION <br />TO REFLECT ACCEPTANCE OF THE STANDARD SGT BY THE DIVISION OR RN <br />ALTERNATE STANDARD APPROVED BY THE DIVISION. <br />3. ZF THE PROPOSED UNDERGROUND DEVELOPMENT WASTE PILE EXCEEDS 1,000 <br />CUBIC YARDS, T}!E APPLICANT MUST CONSULT 4IITH THE DIVISION ABOUT THE <br />ADDITIONAL ENGINEERING INFORFIATION AND PLANS REQUIRED. THE INFOR- <br />MATION AND PLANS SHALL BE SUDMITTED TO THE DIVISION FOR REVIEW AND <br />APPROVAL PRIOR TO EXPANSION OF THE UNDERGROUND DEVELOPMENT WASTE <br />PILE. <br />Explanations of the stipulations can be found in Sections III, XII and XVII <br />of the Findings part of this package. <br />The permit cannot be issued until a1Z statutory notice and public comment re- <br />quirements have been satisfied, and until bond has been posted. <br />