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Proposed Decision The Colorado Division of Minerals and Geology proposes to approve with stipulations an application for a permit revision which entails the declassification of a portion of Oak Creek from the status of an alluvial valley floor, and retention of the West Ridge and Center Ridge ponds on a permanent basis. The application was submitted by P&M for the mine. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., 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. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. The following stipulations are in effect for the Edna Mine. Stipulation No. 31 THE PERMI"I"I'EE SHALL COMPLEI"E THE CONSCRUCTION OF THE WEST RIDGE ~IYDROLOGIC RECONSTRUCTION PLAN, AS DESCRIBED IN PERMIT REVISION NO. 2, NO LATER THAN OCTOBER 31, 1995. BY OCTOBER 31 OF EACH YEAR UN'T'IL THEN, THE PERMI"T'I'FF SHALL SUBMIT A REPORT TO THE DIVISION DESCRIBING THE PROGRISS ON THE PLAN DURING THE CONSTRUCTION SEASON OF THAT YEAR. ONLY BY WRITTEN AGREEMENT OF THE DIVISION MAY THE CONSTRUCTION DEADLINE BE ALTERED, AND THEN ONLY IN THE EVENT OF CLIMATIC OR OTHER CIRCUMSTANCES BEYOND THE CON'T'ROL OF THE OPERATOR. Stipulation No. 31 originated with Permit Revision No. 2, and remains in effect. Stiuulation No. 34 WITHIN ONE YEAR OF THE PROPOSED DECISION FOR PERMIT REVISION NO. 3, PBcM SHALL SAMPLE DISCHARGE FROM THE CENTER RIDGE AND WEST RIDGE PONDS, AT LEAST ONCE EACH, FOR TH6 FOLLOWING CONSTITUENTS: ALUMINUM, ARSENIC, BORON, CADMIUM, CHLORIDES, CHROMIUM, COPPER, FLUORIDE, LEAD, MERCURY, NITRATE NITROGEN, NITRITE NITROGEN, PH, SELENIUM, SULFATES, TOTAL DISSOLVED SOLIDS, VANADIUM, AND ZINC. RESULTS OF THE SAMPLES SHALL BE SUBMI"I"I'ED TO THE DIVISION AS SOON AS THEY ARE AVAILABLE. THE RESULTS WILL BE USED TO DETERMINE THE SUITABILITY OF THE WATER QUALITY IN THE PONDS FOR USE BY WILDLIFE AND LIVESTOCK. FINAL APPROVAL OF PERMANENT RITENTION OF THE WEST RIDGE AND CENTER RIDGE PONDS IS CONTINGENT UPON THE SUITABILITY FOR USE BY WILDLIFE AND LIVESTOCK AS DETERMINED BY LIVESTOCK WATERING STANDARDS SET' BY THE COLORADO DEPARTMENT OF FIEALTH. na me 2 Permit Revlslon o. 3