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Proaosed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve with conditions <br />BTU Empire Corporation's application for permit renewal RN-04. <br />This decision is based on a finding that the operations will comply with all requirements of the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. <br />If no request for a formal hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. The permit application, all <br />supporting documentation, and any stipulations or conditions will become a binding part of the <br />permit. <br />Summary of Permit C-81-044 <br />History of Permit C-81-044 <br />The following table summarizes the history of Permit C-81-044. <br />Table 1-Summa of Histo of Permit C-81-044 <br />Date Permit Action <br />1936 Coal mining begins in vicinity of Eagle Mines. <br />Early 1970s Present operations begin with underground mining at No. 5 Mine. <br /> Open Mining Permit No. 41 issued for surface mining in Williams Fork <br />] 974 Stri Pit. <br />3/77 Eagle No. 9 Mine granted Permit No. 76-7 U.G. under C.R.S. 1973, 34- <br /> 32-101 et se ., as amended. <br />3/80 Permit No. 79-170 issued for Eagle No. 5 and No. 9 Mines <br /> First part of original C-81-044 permit application submitted by Empire <br />2/17/81 Energy Corporation for compliance with Colorado's permanent <br /> regulatory program covering existing operations of No. 5 and No. 9 <br /> Mines. <br /> Second part of origina[ C-81-044 application submitted as addendum <br /> covering newly issued federal lease, the Empire Tract. Lease covered <br />8/14/81 eastwazd expansion of No. 5 Mine, increasing permit area by 681 acres <br /> with no new surface facilities. <br /> Third part of original C-81-044 application submitted proposing 1,552- <br />4/14/82 acre increase to permit area and an amended plan for the No. 9 Mine. No <br /> new surface facilities were proposed. Final proposed permit acreage was <br /> 5,397 acres, <br /> Permit revision application submitted for consolidating information from <br />12/82 three previous submittals into single permit application document, and <br /> for additional minin in No. 5 and in No. 9 Mines. <br />2 <br />