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DISCOVERED. INCASES WHERE SALVAGE EXCAVATION IS NECESSARY, THE <br />COST OF SUCH EXCAVATIONS SHALL BE BORNE BY THE OPERATOR UNLESS <br />OTHERWISE STATED. <br />STIPULATION NO.51(TR-38) <br />IN ORDER TO PROTECT IMPORTANT SEASONAL WILDLIFE HABITAT (BIG <br />GAME SEVERE WINTER RANGE), EXPLORATION, DRILLING, AND OTHER <br />DEVELOPMENT ACTIVITY MAY NOT BE ALLOWED FOR UP TO SIXTY (60) DAYS <br />DURING THE PERIOD FROM DECEMBER 1 THROUGH MARCH 31. THIS <br />LIMITATION DOES NOT APPLY TO MAINTENANCE AND OPERATION OF <br />EXISTING FACILITIES. EXCEPTIONS TO THIS LIMITATION IN ANY YEAR MAY <br />BE SPECIFICALLY AUTHORIZED IN WRITING BY THE AREA MANAGER, <br />BUREAU OF LAND MANAGEMENT. <br />Revisions <br />The Division processed the following revisions subsequent to issuance of the Renewa103 proposed <br />decision. <br />Permit Revisions <br />PR-04 was received by the Division on August 24, 2001. The revision application addressed two <br />primary changes to the approved permit. First, and most significantly, the application proposed that <br />the portion of the rail line within the Deserado permit azea, including the entire rail loop and all rail <br />loop facilities with the exception of the train loadout tower be removed from designation as <br />"disturbed area" under the Deserado permit. In effect, the proposal would remove the rail loop <br />facilities from DMG jurisdiction under the Deserado permit. The operator included Interior Boazd <br />of Land Appeals decision "IBLA 94-366", as Illustration 48, as legal basis for the argument that the <br />rail line, rail loop and associated facilities are not properly subject to regulation under the federal <br />Surface Mining Reclamation Act (SMCRA) and the Colorado Surface Coal Mining Reclamation <br />Act (the Act). A second aspect of the application, was a limitation on the quantity of coal waste <br />allowed to be stored temporarily in loose stockpile at the refuse disposal area. A maximum <br />quantity of 300,000 tons was proposed. The application included recommendations for adjustment <br />of the Division's reclamation cost estimate for the Deserado permit, to reflect removal of rail line <br />and rail-loop facilities reclamation. <br />The application was deemed complete on August 27, 2001, and a PAR letter was issued by the <br />Division on November 13, 2001. A draft revised cost estimate was enclosed with the PAR letter. <br />Certain supplemental cost documentation was requested by the operator and forwazded by the <br />Division on January 16, 2002. Operator responses to the PAR letter had not been received as of <br />Apri130, 2002. <br />Deserado Mine Apri130, 2002 <br />4 <br />