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<br />Proposed Decision <br />The Colorado Mtned Land Reclamation Division proposes to approve with one <br />stipulation an application for a permit revision. The revision entails the <br />addition of federal coal lease COC-51551 totalling approximately 1,360 acres, <br />as well as changes to the current mine plan. <br />The application was submitted by Western Fuels-Utah, Incorporated for the <br />Deserado Mine. This decision is based on a finding that the operations will <br />comply with all requirements of the Colorado State Program as found in the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and <br />the Regulations promulgated pursuant to the Act. If no request for a formal <br />hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. The <br />revision application, all supporting documentation and any stipulations or <br />conditions will become a binding part of the permit. The following <br />stipulation is imposed upon the Division's decision: <br />Stipulation No. 49 <br />WESTERN FUELS-UTAH, INCORPORATED SHALL SUBMIT TO THE DIVISION <br />ALL INFORMATION REGARDING SUBSIDENCE AS REQUIRED IN RULE 2.05.6(6) <br />FOR ALL LANDS TO BE MINED IN FEDERAL COAL LEASE COC-51551. THIS <br />SUBMITTAL SHALL BE MADE WITHIN SIX (6) MONTHS OF THE PERMIT <br />REVISION DECISION, AND PRIOR TO INITIATION OF MINING ACTIVITIES IN <br />LEASE COC-51551. NO MINING SHALL OCCUR IN SAID LEASE UNTIL <br />SUBSIDENCE CONTROL AND MITIGATION PLANS FOR THE AREA HAVE BEEN <br />APPROVED BY THE DIVISION. <br />-2- <br />