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This findings document updates and replaces the previous findings document, associated with <br />Permit Renewal No. 3, dated 20 Apri12000. <br />The Colorado Division of Minerals and Geology proposes to approve an application for a permit <br />revision (PR-04) 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 renewal application, all supporting <br />documentation and any stipulations or conditions will become a binding part of the permit. <br />During the course of the revision review, the Division reviewed the amount of the performance <br />bond required to perform the required reclamation, in accordance with Rule 3.02.2(4). Based on <br />the review, the Division determined the reclamation liability for the worst case disturbance <br />during the renewal permit tern to be $4,551,329.00, which is $519,475.00 less than the liability <br />estimate for the current permit, and $SA8,671.00 less than the bond amount currently held. In <br />accordance with Rule 3.02.2(4), the public is hereby notified that the Division proposes a <br />downward adjustment in the required bond amount for the Deserado Mine, from the current <br />liability amount of 5,070,804.00, to $4,551,329.00. Notice of the proposed reduction in required <br />bond amount will be published concurrently with notice of the permit revision proposed decision, <br />and opportunity for formal hearing will be provided. <br />One new stipulation will be added to the permit as a result of Permit Revision 04. <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 />The following stipulations remain in effect: <br />STiPiTi,ATinN 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 />2 <br />