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• _2_ • Proposed Decision Sundance Coal Company The Animas Mine The Colorado Mined Land Reclamation Di vision proposes to approve, with stipulations, an application for a permit to conduct coal mining submitted by Sundance Coal Company for the Animas Mine. This approval decision is based on a finding that the proposed operation will comply with alt requirements of the Colorado Surface Coal Mining Recla- mation Act, C.R.S. I973, as amended, 39-33-I01 et seq., and the Regulations promulgated pursuant to the Act. The permit application and the stipulations will become a binding part of the permit upon approval. The stipulations for the Animas Mine are as follows: Stipulation No. I: WITHIN 30 DAYS OF PERTIIT ISSUANCE, THE PERMITTEE SHALL INSTALL A SEDIMENT MARKER IN THE SEDIMENTATION POND WHICH WILL CLEARLY INDICATE TXE 60~ SEDIMENT STORAGE LEVEL. Stipulation No. 2: CdITHZN 30 DAYS OF PERMIT ISSUANCE, THE PERMITTEE MUST PROVIDE THE DIVISION WZTN AN INSPECTION AND CONSTRUCTION REPORT WHICH IS CERTIFIED BY A QUALIFIED REGISTERED PROFESSIONAL ENGINEER (RULE 9.05.6(7)). THE PERMITTEE MUST ALSD PROVIDE THE DIVISION WITH QUARTERLY INSPECTION REPORTS FOR THE POND. Stipulation No. 3: WITHIN 30 DAYS OF PERMIT ISSUANCE AND PRIOR TO CONSTRUCTION OF THE SEDIMENT COLLECTION AND DIVERSION DITCHES AT THE NORTHWEST PORTION OF THE MINE, THE PERMITTEE PfUST DEMONSTRATE THAT THESE DITCHES, AS DESIGNED, WILL BE STABLE UNDER FLOW CONDITIONS RESULTING FROM THE THEORETICAL 10-YEAR, 24-HOUR STORM EVENT. IF TXE PERMZTTEE CANNOT DEMONSTRATE COMPLIANCE, THE PERMITTEE FfUST, WITHIN THE TIfQE PERIOD SPECIFIED ABOVE, SUBMIT NEW DESIGNS FOR THESE DITCH SEGMENTS WHICH WILL BE STABLE UNDER THE 10-YEAR, 24-HOUR FLOW CONDITIONS. ALL DEMONSTRATIONS AND DESIGNS SUBMITTED IN RESPONSE TO THIS STIPU- LATION WILL BE SUBJECT TO REVIEW AND APPROVAL BY THE DIVISION.