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-3- <br />PROPOSED DECISION <br />Colorado Westmoreland Inc. - Orchard Valley Mine <br />The Colorado Mined Land Reclamation Division proposes to approve, with <br />stipulations, an application for a permit revision submitted by Colorado <br />Westmoreland Inc. for the Orchard Valley Mine to construct new portal <br />facilities. This decision is based on a finding that the proposed operation <br />will comply with the requirements of the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. as amended, 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. <br />The finding of compliance, and the stipulations which are a part of this <br />approval, are attached to this document. <br />The permit revision approval cannot be issued until all statutory notice and <br />public comment requirements have been satisfied. <br />The permit application and the stipulations will become a binding part of the <br />permit upon approval. The stipulations for the Orchard Valley Mine are as <br />follows: <br />Stipulation No. 1 <br />CWI SHALL SUBMIT RIGHT OF ENTRY INFORMATION TO MLRD FOR ALL SURFACE AFFECTED <br />LANDS WITHIN THE PERMIT AREA PRIOR TO EXTRACTING COAL BENEATH THESE LANDS OR <br />OTHERWISE AFFECTING THEM. <br />Stipulation No. 2 <br />CWI SHALL COMPLETE THE ON-THE-GROUND FIELD VERIFICATIONS OF SURFACE WATER <br />RESOURCES ON THOSE LANDS FOR WHICH RIGHT OF ENTRY HAS NOT BEEN OBTAINED. THE <br />RESULTS OF THE SURVEY SHALL BE APPROVED BY THE DIVISION PRIOR TO CWI <br />UNDERMINING OR OTHERWISE AFFECTING THESE LANDS. <br />Stipulation No. 3 <br />ONE YEAR AFTER THE COMPLETION OF RECLAMATION ACTIVITIES AT THE LOADOUT, <br />THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS OF THE RECLAIMED <br />AREA WITH THE ADJACENT UNDISTURBED ORCHARD AREAS TO VERIFY THAT THE <br />HYDROLOGIC FUNCTION OF FLOOD IRRIGABILITY HAS BEEN RESTORED. SUCH <br />COMPARISON SHOULD BE IN THE FORM OF INFILTRATION, PERMEABILITY AND <br />TEXTURE STUDIES. <br />~- <br />