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-2- PROPOSED DECISION Snowmass Coal Company - North Thompson Creek Mines The Colorado Mined Land Reclamation Division proposes to approve, with stipulations, an application for a permit to conduct coal mining operations submitted by Snowmass Coal Company for the North Thompson Creek Mines. This decision is based on a finding that the proposed operation will comply with the requirements of the Colorado Surface Coal Mining Reclamation Hct, C.R.S. 1973, as amended, 34-33-101 et sew., 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 North Thompson Creek Mines are as follows: Stipulation No. 1 WITHIN ONE HUNDRED AND TWEiVTY (120) DAYS OF PERMIT ISSUANCE, SNOWMASS CURL COMPANY SHALL INSTALL ADDITIONAL MONITORING WELLS TO MONITOR THE UPPER SANDSTONE OF THE WILLIAMS FORK FORMATION. THESE MONITORING WELLS MAY BE DRILLED WITHIN THE N0. 3 MINE TO REDUCE DRILLING COSTS. ALL MOIVITURING WELLS SHALL BE: 1) PROPERLY SCREENED WITHIN THE ENTIRE SANDSTONE UNIT, AND 2) PROPERLY SEALED AT THE TOP AND BOTTOM TO PREVENT THEIR DESTRUCTION. THE SPACING OF THE ADDITIONAL MONITORING WELLS SHALL BE SUBMITTED TO THE DIVISON FOR NPPROVAL 6U DAYS FOLLOWING ISSUANCE OF THIS PERMIT. Stipulation No. 2 ALL CULLUVIAL MATERIAL AT THE RUFUSE PILE USED AS TOPSOIL OR NON-TOXIC, NON-COMBUSTIBLE COVER FOR THE REFUSE PILE MUST BE ANHLYZEU NNU APPROVED BY THE DIVISION AS MEETING THE ESTABLISHED CRITERIA FOR SUITABILITY FOR TOPSOIL AND/OR SUBSOIL. Stipulation No. 3 WITHIN 90 DAYS AFTER PERMIT ISSUANCE, THE PERMITTEE MUST PROVIDE THE DIVISION WITH A COMPREHENSIVE TREE AND SHRUB PLANTING PLAN. THE PLAN MUST INCLWE A LIST OF SPECIES TD BE PLNNTEU, NUMBERS OF EACH SPECIES PER ACRE AND ACRES TO BE PLANTED. THE PLANTING PLAN MUST ALSO DESCRIBE THE PHTTERN TU dE UTILIZED IN PLANTING THE PLHiVT MATERIALS, THE SEASON DF THE YEAR OF PLANTING AND ALL LOCATIONS WHICH WILL dE PLANTED.