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This findings document updates and replaces the previous findings document, associated with <br />Permit Renewal 04, dated 20 October 2004. <br />The Colorado Division of Minerals and Geology proposes to approve an application for a permit <br />revision (PR-OS) with stipulations. <br />The application was submitted by Blue Mountain Energy, Incorporated, for the Deserado Mine. <br />This decision is based on a finding that the operations will comply with all requirements of the <br />Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. <br />34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a <br />formal hearing is made within thirty (30) days of the first publication of the issuance of this <br />proposed decision, then this decision becomes final. The revision application, all supporting <br />documentation and any stipulations or conditions will become a binding part of the permit. <br />One stipulation was terminated during the previous permit term. <br />THE OPERATOR WILL PROVIDE THE DIVISION WITH A FINAL RECLAMATION <br />PLAN FOR REFUSE PILES RP-2/3/4 AND RP-Sa NO LATER THAN 31 JANUARY <br />2004. THE PLAN SHALL INCLUDE TECHNIQUES TO REDUCE THE OVERLAND <br />SHEET AND RILL FLOW, THEREBY REDUCING CONCENTRATED FLOW OVER <br />THE SURFACE OF THE PILES. <br />This stipulation was terminated with the submission of Technical Revision 60. <br />The following stipulations remain in effect: <br />STiPiii.ATION Nn_ 50 (TR-38) <br />IF, IN ITS OPERATION, THE OPERATOR DISCOVERS ANY CULTURAL REMAINS, <br />MONUMENTS OR SITES, OR ANY OBJECT OF ANTIQUITY SUBJECT TO THE <br />ANTIQUITIES ACT OF JUNE 8,1906, (34 STAT. 225; 16JU.S.C. SECS. 431-433), THE <br />ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 (PUBLIC LAW 96- <br />95), AND 43 CFR, PART 3, THE OPERATOR SHALL IMMEDIATELY CEASE <br />ACTIVITY AND REPORT DIRECTLY TO THE AREA MANAGER, BUREAU OF <br />LAND MANAGEMENT. THE BUREAU SHALL THEN TAKE SUCH ACTION A5 <br />REQUIRED UNDER THE ACTS AND REGULATIONS THEREUNDER. THE <br />OPERATOR SHALL FOLLOW THE MITIGATION REQUIREMENTS SET FORTH <br />BY BLM CONCERNING PROTECTION, PRESERVATION, OR DISPOSITION OF <br />ANY SITES OR MATERIAL DISCOVERED. IN CASES WHERE SALVAGE <br />2 <br />