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I. Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve an application <br />for Permit Revision No. 6 (PR -6). <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, C.R.S. <br />Section 34 -33 -101 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 of the issuance of this <br />proposed decision, then this decision becomes final. The permit application, all supporting <br />documentation and any stipulations or conditions will become a binding part of the permit. <br />There are two outstanding stipulations from previous permitting actions. Stipulations No. 16 and <br />No. 17 were attached to Permit Renewal No. 5 (RN -05) in August 2009, and they will be <br />satisfied with the issuance of PR -6. Resolution of these stipulations is addressed in Section B. <br />IV (Topsoil), XI (Revegetation), XII (Post - mining Land Use) and XVIII (Prime Farmlands) of <br />this document. <br />STIPULATION NO. 16 <br />WITHIN 30 DAYS FOLLOWING ISSUANCE OF THE FINAL DECISION FOR PERMIT RENEWAL <br />NO. 5, THE PERMITTEE WILL SUBMIT A PERMIT REVISION APPLICATION TO THE DIVISION <br />THAT INCLUDES COMPREHENSIVE AMENDMENTS TO THE SITE DESCRIPTION AND LAND USE, <br />VEGETATION INFORMATION, PRIME FARMLAND INVESTIGATION, REVEGETATION, <br />POSTMINING LAND USES, AND PRIME FARMLANDS SECTIONS OF THE PERMIT APPLICATION. <br />AT A MINIMUM, THE REVISION APPLICATION WILL SUBSTANTIVELY ADDRESS ALL <br />OUTSTANDING CONCERNS IDENTIFIED BY THE DIVISION IN REVIEW LETTERS AND <br />MEMORANDA DATED DECEMBER 23, 2005; NOVEMBER 6, 2006; DECEMBER 7, 2007; AND <br />JANUARY 14, 2008. <br />STIPULATION NO. 17 <br />UNLESS THE PERMITTEE DEMONSTRATES THAT SOME PORTION OF THE 107.96 ACRE AREA <br />OF PRESUMED PRIME FARMLAND ON THE MORGAN PROPERTY WITHIN THE PERMIT AREA <br />DOES NOT MEET PRIME FARMLAND CRITERIA BASED ON ONE OR MORE OF THE FACTORS <br />LISTED IN RULE 2.04.12, THE ENTIRE 107.96 ACRE AREA IS CONSIDERED PRIME FARMLAND <br />IN ACCORDANCE WITH DRMS REGULATIONS, AND WILL BE RECLAIMED AS CROPLAND IN <br />ACCORDANCE WITH THE REQUIREMENTS OF RULE 4.25. <br />