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Proposed Decision <br />The Colorado Division of Minerls and Geology proposes to approve an application for a <br />permit renewal. <br />The application was submitted by Western Fuels-Utah, Incorporated for the Desetado Mine. <br />This decision is based on a finding that the operations will comply with all requirements of <br />the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, <br />C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. )•f no <br />request for a formal hearing is made within thirty (30) days of the fast publication of the <br />issuance of this proposed decision, then this decision becomes final. The renewal <br />application, all supporting documentation and any stipulations or conditions will become a <br />binding part of the permit. <br />Stipulation No. 49 from the previous Findings Document was complied with on July 1, 1992 <br />with Minor Revision No. 72. The minor revision addressed subsidence monitoring in Lease <br />COC-51551. <br />Summary <br />The Review Process <br />On October 13, 1993, the Division of Minerals and Geology notified Western Fuels-Utah, <br />Inc. that an application to renew the Deserado Mine permit was due by January 25, 1994. <br />On January 25, 1994, Western Fuels-Utah, Inc. (V/FU) applied to the Colorado Division of <br />Minerals and Geology for a permit renewal. A technical revision (TR-34) application was <br />submitted in conjunction with the permit renewal application. The technical revision updated <br />obsolete language and addressed inadequacies in the permit, added demonstrations for small <br />area exemptions, and detailed designs for a permanent diversion ditch around refuse pile <br />RA-4. The renewal application was deemed complete on Febniary 4, 1994, and TR-34 was <br />approved on July 19, 1994. <br />A public notice regarding the renewal application appeared in The Rangely Times newspaper <br />for four consecutive weeks, beginning on February 10, 1994 and ending on March 3, 1994. <br />A preliminary adequacy review of the portions of the application regarding the small area <br />exemption demonstrations was completed on February 22, 1994, at which time Division <br />concerns were foivvazded to WFIJ. Additional concerns regazding general updates and <br />addressing inadequacies were sent to WF[J on March 21, 1994. On March 29, 1994, the <br />Division fornazded concerns regazding diversion ditch designs around RA-4. The Division <br />forwarded an additional set of general concerns to VJFU on Mazch 30, 1994. <br />WFIJ's responses to the first adequacy letter were received on April 4, 1994. Responses to <br />the second adequacy letter were received on May 20, 1994. The Division reviewed the <br />responses and sent a inquest for further clarification to WFU on May 25, 1994. A response <br />was received from WFU on June 28, 1994. A final review was conducted by the Division, <br />2 <br />