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Proposed Decision The Colorado Division of Minerals and Geology proposes to APPROVE RAG Empire Corporation's application for permit renewal and revision RN-04. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, the permit renewal will be issued. The permit application, all supporting documentation, and any stipulations or conditions will become a binding part of the permit. Snmmarv of Permit C-81-044 History of Permit C-81-044 The following table summarizes the history of Permit C-81-044. Table 1-Summa of Histo of Permit C-81-044 Date Permit Action 1936 Coal mining begins in vicinity of Eagle Mines. Eazly 1970s Present operations begin with underground mining at No. 5 Mine. 1974 Open Mining Permit No. 41 issued for surface mining in Williams Fork Stri Pit. 3/77 Eagle No. 9 Mine granted Permit No. 76-7 U.G. under C.R.S. 1973, 34- 32-101 et se ., as amended. 3/80 Permit No. 79-170 issued for Eagle No. 5 and No. 9 Mines First part of original C-81-044 permit application submitted by Empire 2/17/81 Energy Corporation for compliance with Colorado's permanent regulatory program covering existing operations of No. 5 and No. 9 Mines. Second part of original C-81-044 application submitted as addendum 8/14/81 covering newly issued federal lease, the Empire Tract. Lease covered eastwazd expansion of No. 5 Mine, increasing permit azea by 681 acres with no new surface facilities. Third part of original C-81-044 application submitted proposing 1,552- 4/14/82 acre increase to permit azea and an amended plan for the No. 9 Mine. No new surface facilities were proposed. Final proposed permit acreage was 5,397 acres.