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The Division has reviewed the record in this matter and recommends that the Board approve <br />the Applicant's request for reconsideration with three conditions. The three conditions, set <br />forth in full below, require the Applicant to report spills of any toxic or hazardous materials, <br />submit an acreage reduction revision to the application, and submit a technical revision or <br />revisions addressing specific issues and site conditions that have changes since the original <br />approval. Because the Applicant has complied with all applicable regulations, has posted a <br />financial warranty in an amount satisfactory to the Division, and has agreed to abide by the <br />proposed conditions, it is appropriate that the Board approve the Applicant's Section 112 <br />Reclamation Permit application with conditions, as set forth below. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board orders <br />that the Applicant's Section 112 Reclamation Permit is hereby approved with <br />the following three conditions: <br />A reportable spill is a spill of any toxic or hazardous substance (including spills of <br />petroleum products) within the mined land permit area reportable to any Division <br />of the Colorado Department of Public Health and the Environment, the National <br />Response Center, the Colorado Emergency Planning Commission, any local <br />Emergency Planning Commission, local Emergency Planning Committee, or the <br />State Oi] Inspector. The Mine Operator shall notify the Division of Minerals and <br />Geology (DMG) of a reportable spill within the mined land permit area using the <br />same timeframe required by the permit, license, notice, statute, rule or regulation <br />governing the reporting of the spill to the other appropriate agency. Notice of a <br />