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<br />-2- <br />PROPOSED DECISION <br />Energy Mine No. 3 <br />The Colorado Mined Land Reclamation Division proposes to approve with <br />stipulations an application for a permit to conduct surface coal mining and <br />reclamation operations submitted by Colorado Yampa Coal Company for the Energy <br />Mine No. 3. <br />This approval decision is based on a finding that the proposed operation will <br />comply with all requirements of the Colorado Surface Coal Mining Reclamation <br />Act, C.R.S. 1973, as amended, 34-33-101 et s~ce ., and the Regulations <br />promulgated pursuant to the Act. <br />The permit application and the stipulations will become a binding part of the <br />permit upon approval. The stipulations for the Energy Mine No. 3 are as <br />follows: <br />Stipulation No. 1 <br />WITHIN 30 DAYS OF PERMIT ISSUANCE THE PERMITTEE MUST SUBMIT ALL HISTORICAL <br />GROUND WATER QUALITY INFORMATION FROM DEEP AQUIFER MONITOR WELLS <br />008-77-43, 008-79-7, AND 008-FM-6 INTO THE PERMIT APPLICATION. <br />Stipulation No. 2 <br />INSTANTANEOUS FLOW MEASUREMENTS FOR BOTH UPSTREAM SURFACE WATER MONITOR <br />SITES ON MIDDLE AND FOIDEL CREEKS MUST BE OBTAINED AT THE APPROXIMATE TIME <br />OF WATER QUALITY SAMPLE COLLECTION. THESE FLOW DATA MAY BE EXTRACTED FROM <br />CONTINUOUS FLOW RECORDS AT U.S.G.S. GAGING STATIONS 09243700 AND 09243900 <br />TO THE EXTENT WHICH THEY WILL BE AVAILABLE. HOWEVER, IF FOR ANY REASON <br />(OTHER THAN NO FLOW) THE U.S.G.S. DOES NOT COLLECT THIS INFORMATION OR IS <br />NOT ABLE TO FORWARD THIS INFORMATION TO THE PERMITTEE IN A TIMELY MANNER, <br />IT WILL BE THE RESPONSIBILITY OF THE PERMITTEE TO COLLECT AND REPORT IT TO <br />THE DIVISION WITHIN THE PERMITTEE'S ANNUAL HYDROLOGIC MONITORING REPORT. <br />Stipulation No. 3 <br />CYCC IS MONITORING WATER QUALITY AT UPSTREAM SITE 18 ON MIDDLE CREEK <br />ACCORDING TO THE SCHEDULE IN TABLE B OF EXHIBIT 15. THE DIVISION DIRECTS <br />THAT THE PERMITTEE ALSO MONITOR WATER QUALITY ON FOIDEL CREEK UPSTREAM OF <br />THE MINE ACCORDING TO THE SAME SCHEDULE. THIS MONITORING SITE MUST BE <br />LOCATED UPSTREAM NEAR THE WESTERN PERMIT BOUNDARY AND MAP 4A MUST BE <br />REVISED WITHIN 30 DAYS OF PERMIT ISSUANCE TO SHOW THE LOCATION. THE <br />MONITORING INFORMATION FROM FOIDEL CREEK SHALL BE INCLUDED IN THE <br />PERMITTEE'S ANNUAL HYDROLOGIC MONITORING REPORT TO THE DIVISION. <br />