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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to APPROVE, without <br />conditions, Hayden Gulch Terminal, Inc.'s application for permit renewal RN-03. <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 />Stipulations to Permit <br />Stipulations 1 through 6 were previously added to the permit, but have been complied with prior <br />to the previous five-year permit term (2003-2008). <br />STIPULATION 1 was attached to the permit on April 19, 1993. This stipulation required the <br />permittee to provide proof of resolution of Kentucky Violation #8895005. The resolution <br />was provided and stipulation 1 was complied with on March 11, 1998. <br />STIPULATION 2 was attached to the permit on April 19, 1993. This stipulation required the <br />permittee to field check the location and sizes of all culverts and ditches in the permit area <br />and provide updates to the permit. Stipulation 2 was complied with on July 22, 1993. <br />STIPULATION 3 was attached to the permit on April 19, 1993. This stipulation required the <br />permittee to revise and get approval from the Division for its surface and groundwater <br />monitoring plan. Stipulation 3 was complied with on July 22, 1993. <br />STIPULATION 4 was attached to the permit on August 22, 1994. This stipulation required the <br />operator to provide evidence that three Kentucky violations were resolved or in the appeal <br />process. This stipulation was complied with on December 16, 1994. <br />STIPULATION 5 was attached to the permit on May 23, 1997. Stipulation 5 required the operator <br />to update Exhibit 12-1 and Table 12-1. Stipulation 5 was complied with on May 23, 1997. <br />STIPULATION 6 was attached to the permit on May 29, 1998. Stipulation 6 required the operator <br />to provide proof of resolution of bond forfeiture and four violations associated with <br />Kentucky Permit #8980140. Stipulation 6 was complied with on May 14, 2003. <br />The following stipulations have been added to the permit since the last permit renewal, May 19, <br />2003: