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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve with stipulations an application for a <br />permit renewal (RN-04). The renewal application was submitted to the Division on June 5, 2002 and deemed <br />administratively complete on June 13, 2002. The application was submitted by Snowcap Coal Company, Inc., <br />for the Roadside North and South Portal Mines. This decision is based on a finding that the operation will <br />comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. Ifno request <br />for a formal hearing is made within thirty (30) days of the fast publication of the issuance of this proposed <br />decision, then this decision becomes final. The Division currently holds an adequate surety bond in the amount <br />of $3,264,149.00. Stipulations 2, 22, and 23 were attached to the previous approval decision. Stipulation 22 <br />remains in effect, and is attached to this proposed decision. Stipulations 2 and 23 are no longer applicable or <br />necessary. The permit application, all supporting documentation and any stipulations or conditions will <br />become a binding part of the permit. <br />The following stipulation is proposed for retention. <br />STIPULATION N0.22 <br />AT LEAST 120 DAYS PRIOR TO INITIATION OF COAL EXTRACTION WHICH COULD <br />POTENTIALLY CAUSE SUBSIDENCE DAMAGE TO THE 345 KV RIFLE-SAN JUAN <br />POWERLINE, THE PERMIT"TEE WILL SUBMfp WRITTEN STATEMENTS FROM THE OWNERS <br />OF THE POWERLINE WHICH INDICATE THAT POTENTIAL WORST CASE SUBSIDENCE <br />DAMAGE TO THE POWER LINE COULD BE REPAII2ED WITHOUT DISRUPTION OF SERVICE. <br />NO MINING WHICH COULD AFFECT THE POWERLINE BASED ON PROJECTED <br />SUBSIDENCE ANGLE OF DRAW SHALL OCCUR PRIOR TO DMG <br />COMPLIANCE WITH THIS STIPULATION. <br />2 <br />