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. r <br /> Proposed Decision <br /> The Colorado Division of Minerals and Geology proposes to approve with <br /> stipulations an application for renewal of a valid existing permit. <br /> The application was submitted by Western Fuels-Colorado, A Limited Liability <br /> Company, for the New Horizon Mines . This decision is based on a finding that <br /> the operations will comply with all requirements of the Colorado State Program <br /> as found in the Colorado Surface Coal Mining Reclamation Act, C. R.S. 34-33-101 <br /> et seq. , and the Regulations promulgated pursuant to the Act. If no request <br /> for a formal hearing is made within thirty (30) days of the first publication <br /> of the issuance of this proposed decision, then this decision becomes final . <br /> Upon submittal of acceptable surety by the applicant, the permit will be <br /> issued. The permit application , all supporting documentation and any <br /> stipulations or conditions will become a binding part of the permit. <br /> Stipulation No. 9 <br /> By August 1 , 1993, Western Fuels-Colorado will submit a permit revision <br /> modifying the old Peabody permit to reflect a reclamation only permit for <br /> the New Horizon Mine 1 area. All baseline and historical information <br /> shall be retained in this new permit. Upon completion of this permit, <br /> references to the "Peabody Permit" in the New Horizon Mine 2 permit shall <br /> be changed to reflect the new reclamation only permit. <br /> Stipulation No. 10 <br /> Eliminate the words "proposed monitoring plan" from the data and maps <br /> submitted by Greystone in the approved TR-12 and incorporate this <br /> information into the correct sections in the permit document. <br /> Stipulation No. 11 <br /> Reincorporate the baseline information and maps from the old Peabody <br /> permit concerning "Nucla East" topsoil recovery and prime farmland <br /> designation into the New Horizon Mine 2 permit document. <br /> -2- <br />