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VL.,� � Pro osed Decision <br />Ie <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve this application <br />for permit renewal RN -05. <br />The application was submitted by Western Fuels - Colorado for the New Horizon mine. This <br />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, Section <br />34 -33 -101 et seq., C.R.S., and the Regulations promulgated pursuant to the Act. If no request for <br />a formal hearing is made within thirty (30) days of the first publication of the issuance of this <br />proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the <br />applicant, the permit will be issued. The permit application, all supporting documentation and <br />any stipulations or Conditions will become a binding pail of th permit. <br />Western Fuels- Colorado has complied with all previous conditions and stipulations from other <br />permitting actions. <br />Two new Stipulations are attached to the permit as a result of this permit renewal (RN -05). The <br />two stipulations are listed below, as well as in Section B.VIII (Postmining Land Use) and <br />Section B.XI (Prime Farmlands) of the RN -05 Findings of Compliance. <br />STIPULATION NO. 16 <br />• WITHIN 30 DAYS FOLLOWING ISSUANCE OF THE FINAL DECISION FOR <br />PERMIT RENEWAL NO. 5, THE PERMITTEE WILL SUBMIT A PERMIT REVISION <br />APPLICATION TO THE DIVISION THAT INCLUDES COMPREHENSIVE <br />AMENDMENTS TO THE SITE DESCRIPTION AND LAND USE, VEGETATION <br />INFORMATION, PRIME FARMLAND INVESTIGATION, REVEGETATON, <br />POSTMINING LAND USES, AND PRIME FARMLANDS SECTIONS OF THE PERMIT <br />APPLICATION. AT A MINIMUM, THE REVISION APPLICATION WILL <br />SUBSTANTIVELY ADDRESS ALL OUTSTANDING CONCERNS IDENTIFIED BY <br />THE DIVISION IN REVIEW LETTERS AND MEMORANDA DATED DECEMBER 23, <br />2005, NOVEMBER 6, 2006, DECEMBER 7, 2007, AND JANUARY 14, 2008. <br />STIPULATION NO. 17 c1S �� <br />�i' r' y <br />UNLESS THE PERMITTEE DEMONSTRATES THAT SOME PORTION OF THE <br />107.96 ACRE AREA OF PRESUMED PRIME FARMLAND ON THE MORGAN <br />PROPERTY WITHIN THE PERMIT AREA DOES NOT MEET PRIME FARMLAND <br />CRITERIA BASED ON ONE OR MORE OF THE FACTORS LISTED IN RULE 2.04.12, <br />THE ENTIRE 107.96 ACRE AREA IS CONSIDERED PRIME FARMLAND IN <br />ACCORDANCE WITH DRMS REGULATIONS, AND WILL BE RECLAIMED AS <br />CROPLAND IN ACCORDANCE H T E REMENTS OF RULE 4.25. <br />--- <br />`� <br />P 4 't'i ,roc` `) Y� r�9 +� <br />