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<br />Stipulation No. 10 <br /> <br />WITHIN 30 DAYS OF COMMENCEMENT OF THE PROCESSING OF LORENCITO CANYON <br />COAL, PICKETWIRE PROCESSING SHALL SUBMIT A MINOR REVISION TO THE PERMIT <br />WHICH INCORPORATES ACTUAL REFUSE DATA FROM THE NEW ELK PREP PLANT <br />INTO EXHIBIT 30. THIS REVISION SHALL INCLUDE A CERTIFIED STATEMENT FROM A <br />REGISTERED PROFESSIONAL ENGINEER WHICH VERIFIES THAT ACTUAL PREP PLANT <br />REFUSE FROM LORENClTO COAL !S, FOR STABILITY PURPOSES, REPRESENTED <br />ACCURATEL Y BY THE SAMPLE COAL WASTE USED IN THE ANAYSIS DATED May 19, <br />1997 AND CERTIFIED BY MARK GRAY, P.E. OF CTL THOMPSON, INC. <br />Stipulation No. 11 <br />BY OCTOBER 15, 1999, PICKETWIRE PROCESSING, LLC WILL SUBMIT A TECHNICAL <br />REVISION TO THE PERMIT APPLlCAT10N TO ESTABLISH NEW REFERENCE AREAS FOR <br />THE UPLAND WILDLIFE LAND-USE AND THE RANGELAND LAND-USE. <br />These two stipulations remain the only active stipulations at the time of Permit Renewal <br />No. 3 (RN-031• <br />SUMMARY <br />The Review Process <br />The New Elk Mine, which vyas previously known as the Allen Mine, has been in existence <br />since 1951 and was operated under an interim permit issued by the Colorado Mined Land <br />Reclamation Division (the "Division") on January 25, 1978, pursuant to the Colorado <br />Mined Land Reclamation Act. CF&I Steel Corporation, the previous owners, submitted an <br />application for a new permit on February 4, 1981, pursuant to Section 34-33-109 of the <br />Colorado Surface Coal Mining Reclamation Act. The Division reviewed that application <br />and a proposed decision was issued on December 19, 1983. <br />The New Elk mine permit has been transferred on three occasions. Permit rights were <br />transferred from CF&I Steel Corporation to Wyoming Fuel Company on January 31, 1984. <br />Permit rights were transferred from Wyoming Fuel Company to Basin Resources, Inc. <br />(BRI) on March 29, 1993. Finally, permit rights were transferred from BRI to Picketwire <br />Processing, LLC on April 27, 1.997. <br />This is the third renewal of the permit since it was originally issued. In accordance with <br />Rule 2.08.5, the Division notified Picketwire Processing on May 28, 1998 of the <br />permittee's need to submit an application for permit renewal by September 1, 1998. The <br />permit renewal application materials were received by the Division on August 13, 1998 <br />from Picketwire. The application was found incomplete due to the lack of evidence of <br />currentaiability insurance. On August 28, 1998 the Division received a FAX from <br />5 <br />