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PROPOSED DECISION <br />The Colorado Mined Division of Minerals and Geology proposes to approve with stipulation <br />a permit to conduct coal mining operations, ie. a coal loadout and railroad loop facility, at <br />the Hayden Gulch Loadout. <br />This decision is based on a finding that the operations will comply with all requirements of <br />the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation <br />Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no <br />request for a formal hearing is made within thirty (30) days after the first publication of the <br />issuance of this proposed decision, then this decision becomes final upon submittal of <br />acceptable bonding surety by the applicant. The permit application, all supporting <br />documentation and any stipulations or conditions will become a binding part of the permit. <br />LIST OF STIPULATIONS <br />The following stipulations all originate with this permit and will become a binding part of <br />the permit at its issuance: <br />Stipulation # 1 <br />WITHIN 30 DAYS OF PERMIT ISSUANCE, THE PERMITTEE SHALL <br />SUBMIT TO THE DIVISION PROOF THAT KENTUCKY VIOLATION # <br />8895005 HAS BEEN OR IS BEING CORRECTED OR THAT THE VIOLATION <br />IS UNDER ADMINISTRATIVE OR JUDICIAL APPEAL REVIEW; AND IF <br />THE VIOLATION IS APPEALED, THE PERMITTEE SHALL SUBMIT TO THE <br />DIVISION PROOF OF THE RESOLUTION OF THAT APPEAL AS SOON AS <br />POSSIBLE AFTER PERMIT ISSUANCE. <br />Stipulation # 2 <br />THE PERMTTTEE MUST HAVE FIELD CHECKED THE LOCATION AND <br />SIZE OF ALL CULVERTS AND DITCHES WITHIN THE PERMIT AREA AND <br />HAVE A REVISION (INCLUDING DESIGNS) SUBMITTED TO THE <br />DIVISION FOR TTS APPROVAL WITHIN 60 DAYS OF PERMIT ISSUANCE. <br />Stinulation # 3 <br />THE PERMITTEE MUST SUBMIT A REVISION TO THE PERMIT, IN <br />CONSULTATION WITH THE DIVISION, ADDRESSING CHANGES TO THE <br />GROUND AND SURFACE WATER MONITORING PLAN AND HAVE THIS <br />REVISION TO THE DIVISION FOR TI'S APPROVAL WITHIN 60 DAYS OF <br />PERMIT ISSUANCE AND WELLS AND SURFACE MONITORING SITES IN <br />OPERATION BEFORE FALL SAMPLING, WHICHEVER COMES FIRST. <br />