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-z- PROPOSED DECISION COLOWYO COAL COMPANY COLOWYO MINE The Colorado Mined Land Reclamation Division proposes to approve, with stipulations, an application for a permit to conduct surface coal mining and reclamation operations submitted by Colowyo Coal Company for the Colowyo Mine. The proposed approval applies to a permit area that encompasses 5,550 acres in Sections 2, 3, 4, 9, 10, and 11 of T3N, R93W and Sections 13, 22, 23, 24, 26, 33 and 34 of T4N, R93W as identified on Map32 of the application. This approval decision is based on a finding that the proposed operation will comply with all requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 1973, 34-33-101 et seq:., and the Regulations promulgated thereunder. The permit application and the stipulations will become a binding part of the permit upon approval. The stipulations for the Colowyo mine are as follows: Stipulation No. 1 WITHIN SIX MONTHS OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT A REVISED SURFACE WATER MONITORING PLAN SUFFICIENT ~ VERIFY THE PREDICTED EFFECTS OF MINING ACTIVITIES. SPECIFICALLY, THE PLAN WILL ADDRESS MONTHLY MEASUREMENTS OF FLOW AND FIELD PARAMETERS ON GOOD SPRING CREEK AND TAYLOR CREEK, IN ADDITION TO THE POND DISCHARGE SAMPLING AND QUARTERLY STREAM SAMPLING AS SPECIFIED IN THE APPLICATION. THE LOCATION OF ALL MONITORING STATIONS SHOULD BE INDICATED ON A MAP. THE MONI~RING PLAN WILL BE SUBJECT TO APPROVAL BY THE REGULATORY AUTHORITY. Stipulation No. 2 WITHIN TWO MONTHS OF PERMIT ISSUANCE, THE PERMITTEE MUST PRESENT INFORMATION TO THE DIVISION DEMONSTRATING THAT THE WORK AREA SEDIMENT POND IS CAPABLE OF RELEASSNG STORED WATER IN EXCESS OF TWO ACRE-FEET WITHIN 36 HOURS, OR SUBMIT AN APPROPRIATE APPLICATION FOR A COURT APPROVED AUGMENTATION PLAN TO REPLACE THE WATER STORED OUT OF PRIORITY, Stipulation No. 3 ALL NECESSARY AIR QUALITY PERMITS FOR PRODUCTION AT 4.5 MILLION TONS PER YEAR 6JILL BE OBTAINED BY THE PERMITTEE PRIOR ~ EXCEEDING 4.0 MILLION TONS PER YEAR.