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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to Approve With Three Stipulations <br />an application for a permit revision to revise coal mining operations. <br />The application was submitted by BRL for the mine. This decision is based on a finding that the <br />operations will comply with all requirements of the Colorado State Program, as found in the <br />Colorado Surface Mining Reclamation Act, C.R.S. 34-33-(O1 et. seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. The original permit to conduct coal mining operations was issued previously. The Division <br />is in possession of a reclamation bond in [he form of a corporate surety and a letter of credit, <br />whose combined value exceeds the amount of the estimated reclamation bond liability. <br />The permit revision application, all supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />The original permit approval contained Stipulations Nos. 1, 2, 3 and 4. All four of these <br />stipulations were complied with when BRL secured the necessary permits and approvals. <br />Stipulation No. 5 was attached [o Minor Revision No. 4 and was complied with when BRL <br />performed the required action. Stipulation No. 6 had been attached to Minor Revision No. 5 and <br />was complied with when BRL submitted the required revised maps and permit application text. <br />Stipulation No. 7 was attached to the decision for Permit Revision No. 2. Approval of Permit <br />Revision No. 4 was conditioned on three new stipulations, numbers 8, 9 and 10. For the approval <br />of Permit Revision No. 5, Stipulations numbers 7 and 8, and new compliance issues brought up <br />during the review of PR-O5, were combined into a new stipulation, Stipulation number 12. <br />Stipulations numbers 7 and 8 were, subsequently, terminated. Stipulations numbers 9 and ]0 are <br />still active. Stipulation No. 11, attached to Field Minor Revision No. 17, was complied with <br />when BRL supplied [he required permit text. The following are the active stipulations: <br />Stipulation No. 9 <br />A detailed subsidence study for Terror Creek Reservoir dam (Bruce Park dam) will be completed <br />and approved prior to mining within one mile of the dam. The study will establish baseline <br />conditions, potential mining-induced seismicity and potential translated effects to the dam. <br />By September 1, 2001, Bowie Resources will submit a technical revision to the permit <br />addressing the investigation, data collection, analysis, and monitoring plan to ensure the safety <br />and integrity of the Terror Creek Reservoir dam (Bruce Park dam). The revision materials will <br />include, but not be limited to, data, a technical report, compliance schedules, a subsidence <br />control plan, a detailed monitoring plan specific to potential seismicity and any other potential <br />impacts induced by longwall mining. In addition, the specific compliance dates and measures <br />will be the following: <br />3 <br />