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iii i iiiii iii <br />999 <br />PROPOSED DECISION <br />for <br />Approval of Permit Renewal <br />Pursuant to C.R.S. 34-33-109(7), the Colorado Mined Land Reclamation Division <br />proposes to approve the renewal of a permit to conduct surface coal mining and <br />reclamation operations at the Peabody Coal Company Nucla Strip Mine; Permit <br />C-81-008. <br />This decision is based on a review of the complete and accurate application <br />and the existing permit, including all conditions and revisions approved up to <br />May 6, 1988. In accordance with C.R.S. 34-33-109(7)(a), the Division makes a <br />determination of the absence of the following criteria which would warrant <br />that the permit not be renewed: <br />1. The terms and conditions of the valid, existing permit are not being <br />satisfactorily meet; <br />2. The present surface coal mining and reclamation operation is not in <br />compliance with all requirements of the Colorado Surface Coal Mining <br />Reclamation Act, C.R,S. 34-33-101 et seq „ and the Regulations <br />promulgated thereunder; <br />3. The renewal requested substantially jeopardizes the permittee's <br />continuing responsibility on existing permit areas; <br />4. The operator has not provided evidence that the performance bond in <br />effect for the operation will continue in full force for the proposed <br />period of renewal as well as any additional bond required; <br />5. Any additional revised or updated information as required has not been <br />provided. <br />Based on a preponderance of the evidence, the permit issued to Peabody Coal <br />Co., Western Div. meets the requirements under the right of successive renewal. <br />The permit application will remain a binding part of the permit. Renewal of <br />the permit will be fora term of five (5) years. <br />I conclude that there is no basis for denying the renewal. <br />MINED LAND RECLAMATION DIVISION <br />i ctor <br />8250G <br />sa s-8~ <br />ate <br />