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Proposed Decision <br />The Colorado Mined Land Reclamation Division proposes to approve with <br />stipulations, an application for a permit revision which entails expansion of <br />mining activities to the Nucla East area located .5 mile west of the town of <br />Nucla. <br />The application was submitted by Peabody Coal Company for the Nuc1a Strip <br />Mine. This decision is based on a finding that the operations will comply <br />with all requirements of the Colorado State Program as found in the Colorado <br />Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the <br />Regulations promulgated Dursuant to the Act. If no request for a formal <br />hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. Upon <br />submittal of acceptable surety by the applicant, the final approval will be <br />issued. The permit revision application, all supporting documentation and <br />stipulations will then become a binding part of the permit. <br />Stipulation Number 4: <br />EXHIBITS 12-1; 13-1; 13-4; 13-6; 20-1; 20-2; 22-1 WILL BE MODIFIED TO <br />REFLECT THE APPROVED PERMIT BOUNDARIES AS DEPICTED ON ALL OTHER PERTINENT <br />AND APPROVED MAPS OF THE NUCLA AREA. THE MAPS MUST BE SUBMITTED TO <br />DIVISION OFFICES NO LATER THAN MAY 1, 1989. <br />Stipulation Number 5: <br />EXHIBITS 6-7; 7-1; 7-2; 7-3; 7-4; 7-6; 10-2; Attachment 11-2, Map 1; <br />11-3; 13-2; Attachment 16-1, Figures 1, 2, and 3; 17-1; 17-2 WILL BE <br />MODIFIED TO REFLECT THE APPROVED PERMIT BOUNDARIES AS DEPICTED ON ALL <br />OTHER PERTINENT MAPS OF THE NUCLA EAST AREA. THE MAPS MUST BE SUBMITTED <br />TO DIVISION OFFICES NO LATER THAN MARCH 15, 1989. <br />Stipulation Number 6: <br />PRIOR TO IMPOUNDMENT OF WATER IN POND 007, PEABODY COAL COMPANY MUST <br />SUBMIT THE FINAL AUGMENTATION PLAN AND DOCUMENTS ATTESTING TO THE <br />APPROVAL OF THIS PLAN TO THE DIVISION. IN ADDITION, PEABODY MUST SUBMIT <br />A COPY OF THE COMPLETE APPLICATION FOR A WELL PERMIT FOR POND 007. <br />Stipulation Number 7: <br />ALL SEASONALLY SATURATED SOILS SUITABLE FOR USE AS TOPSOIL MUST BE <br />SALVAGED AND USED AS SUCH. <br />Stipulation Number 8: <br />THE OPERATOR WILL SUBMIT SPECIFIC PLANS BY APRIL 15, 1989, IN CONJUNCTION <br />WITH THE ANNUAL TOPSOIL BALANCE SUBMITTAL, FOR SALVAGE OF SEASONALLY <br />SATURATED SOILS. THESE PLANS WILL INCLUDE, AT A MINIMUM, TIMING AND <br />SEASON OF SALVAGE OPERATIONS, TECHNIQUES USED TO TO ENSURE THAT SOILS <br />WILL NOT BE SATURATED AT THE TIME OF SALVAGE AND ANY OTHER APPLICABLE <br />TECHNIQUES THAT WILL ENSURE THAT THE SOILS WILL REMAIN SUITABLE FOR USE <br />IN RECLAMATION AS TOPSOIL. <br />-2- <br />