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LOCATIONS CAN BE TENTATIVE; DEPENDING ON SUITABLE <br />OVERBURDEN CHARACTERISTICS OR OTHER FACTORS, AS LONG AS <br />THE SPECIFIED MINIMUM ACREAGE OF THIN SOIL AND THICK SOIL <br />ESTABLISHMENT AREAS AND CONFORMANCE WITH ALL SPECIFIED <br />REQUIREMENTS IS ACHIEVED. <br />This Decision is based on a finding that the operations will comply with all requirements of the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Rules <br />promulgated pursuant to the Act. Public notice of this proposed Decision will be published for <br />two consecutive weeks in the Craig Daily Press. If no request for a formal hearing is made <br />within thirty (30) days of the first publication of the public notice of this proposed Decision, then <br />this Decision becomes final. The Application and all supporting documentation and any <br />stipulations or conditions will become a binding part of the permit. <br />3. Summary <br />3.1 History of the Review Process <br />An application for Permit Renewal 05 (RN-05) was submitted to the Division on 27 April 2007 <br />by Colowyo. Pursuant to Rule 2.08.5(3)(f), Colowyo submitted the RN-05 application more <br />than 180-days prior to the permit expiration and retains the right of successive renewal. RN-05 <br />was deemed complete on 7 May 2007. Upon receiving the Division's completeness letter, <br />Colowyo published a legal notice in the Craig Daily Press once a week for four consecutive <br />weeks (on 14 May 2007, 21 May 2007, 28 May 2007 and 4 June 2007). Additionally, on 7 May <br />2007 the Division notified various public agencies of RN-05 by letter, as detailed in Section <br />3.1.2 below. <br />The following list details the chronology of the correspondence associated with RN-05. <br />1 February 2007 Division sends Colowyo 270-day letter notifying Colowyo of Permit <br /> Renewal 05. <br />27 April 2007 Colowyo submits RN-05 application. <br />7 May 2007 Division deems RN-05 application complete and notifies Colowyo and <br /> various public agencies. <br />9 May 2007 Deadline for Colowyo to submit a complete application pursuant to Rule <br /> 2.08.5(3)(f) to retain the right of successive renewal. A complete <br /> application was received on 27 April 2007. <br />14 May 2007 Division receives comment letter from State Engineers Office stating they <br /> have no concerns regarding RN-05. <br />18 May 2007 Division receives comment letter from the Colorado Historic Society <br /> stating they have no concerns regarding RN-05. <br />5 July 2007 Division receives comment letter from Division of Wildlife reiterating <br /> comments associated with Colowyo's reclamation plan that are currently <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 8