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1. Proposed Decision <br />The Division has reached a Proposed Decision on this Application (see Paragraph IV below). The <br />Division concludes, based on this Findings of Compliance, that approval of the Application is <br />warranted. <br />2. Written Notification <br />A copy of this Proposed Decision to release all of the performance bond and this supporting Findings <br />of Compliance is being provided to the Enron Coal Company (permittee); St. Paul Fire and Marine <br />Insurance Company (surety); Rio Blanco County Commissioners (certified mail) ; Mr. Phillip A. <br />Jensen (landowner); Mr. George Rienau III (landowner); Bureau of Land Management; Colorado <br />Division of Wildlife; Office of Surface Mining; White River Electric Association; Colorado <br />Department of Public Health and Environment (Quality Control Division); U.S. Army Corps of <br />Engineers; Public Service Company of Colorado; and the Natural Resources Conservation Service <br />(persons with an interest in collateral who have previously requested notification and other interested <br />parties of its proposed decision). Concurrently, the Division is publishing written notice of its <br />proposed decision once a week for two consecutive weeks in The Meeker Herald, a newspaper of <br />general circulation in the locality of the surface coal mining operation [Rule 3.03.2(5)]. These <br />notifications advise the above agencies and persons of their right to request a public hearing by <br />February 9, 1998 [Rule 3.03.2(5)(a), within sixty (60) days after the date of completed evaluation. <br />The Division considers the date of completion of the evaluation as December 23, 1997, [he date closure <br />of the last remaining reclamation items was accomplished; i.e., all adequacy issues were resolved], <br />or within 30 days after the first publication in the The Meeker Herald [Rule 3.03.2(6)(a)], whichever <br />is later. The Division will also publish its proposed decision in its monthly mailing under Rule <br />1.03.2(2). <br />H. Rule 3.03.2(5)(b) Decision Becomes Final <br />If no request for an adjudicatory hearing is received by February 9, 1998 or within 30 days of the first <br />publication of the proposed decision by the Division, whichever is later, the proposed decision of the <br />Division shall be final. <br />I. Rule 3.03.2(6) Adjudicatory Hearing on Proposed Decision to Release <br />The Board shall hold an adjudicatory hearing on the proposed decision of the Division upon the receipt <br />of a written request for hearing from any person with a valid legal interest which might be adversely <br />affected by the proposed decision of the Division or from the responsible officer or head of any <br />Federal, State, or local government agency which has jurisdiction by law or special expertise with <br />respect to any environmental, social, or economic impact involved in the operation or which is <br />authorized to develop and enforce environmental standards with respect to such operations. The <br />request for an adjudicatory hearing must state with specificity the reasons why the hearing is requested <br />and must be received either within thirty (30) days of the first publication of the proposed decision by <br />12 20 January 1998 <br />