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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to APPROVE Blue <br />Mountain Energy, Inc.'s application for permit revision (PR-06). <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. <br />If no request for a formal hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. The permit application, all <br />supporting documentation, and any stipulations or conditions will become a binding part of the <br />permit. <br />The following Stipulations remain in effect: <br />Stipulation No. 50: was attached to the permit through TR-38. If, in it's operation, the operator <br />discovers any cultural remains, monuments or sites, or any object of antiquity subject to the <br />antiquities act of June 8, 1906, (34 stat.225; 16J U.S.C. Sec. 431-433), the Archeological <br />Resources Protection Act of 1979 (public law 96-95), and 43 CFR, Part 3, the operator shall <br />immediately cease activity and report directly to the area manager, Bureau of Land Management <br />(BLM). The Bureau shall then take such action as required under the acts and regulations there <br />under. The operator shall follow the mitigation requirements set forth by BLM concerning <br />protection, preservation, or disposition of any sites or material discovered. In cases where <br />salvage excavations is necessary, the cost of such excavations shall be borne by the operator <br />unless otherwise stated. <br />Stipulation No. 51: was attached to the permit through TR-38. In order to protect important <br />seasonal wildlife habitat (big game severe winter range), exploration, drilling, and other <br />development activity may not be allowed for up to sixty (60) days during the period from <br />December 1 through March 31. This limitation does not apply to maintenance and operation of <br />existing facilities. Exceptions to this limitation in any year may be specifically authorized in <br />writing by the area manager, Bureau of Land Management. <br />Deserado Mine 4 September 19, 2008