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PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve, with one <br />stipulation, an application for renewal of a valid existing permit. The permit renewal (RN-07) is <br />for a five year term, and does not entail any increase in permitted acreage or mine plan expansion. <br />The Division is not proposing to approve any modifications to the approved mining and <br />reclamation plan in the context of the permit renewal. <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. If no request for a formal <br />hearing is made within thirty (30) days of the first publication of the issuance of this proposed <br />decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, <br />the permit will be issued. The permit application, all supporting documentation and any <br />stipulations or conditions will become a binding part of the permit. Stipulation 27 was attached to <br />Permit Renewal No. 5 and will remain in effect. No additional stipulations have been placed on <br />the permit as a result of RN-07. <br />STIPULATION NO. 27 <br />SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE USED AS A <br />TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(a), UPON <br />SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT <br />THE MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAINING VEGETATION <br />THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH <br />DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE <br />OF THE MATERIAL OBTAINED FROM EACH POND CLEANOUT EPISODE. REQUIRED <br />PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE EXCEPTION <br />OF THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES <br />FOR SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE INCLUDED <br />IN ADDITION TO THOSE LISTED. POND CLEANOUT MATERIAL WILL NOT BE <br />PLACED IN THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION <br />TOPDRESSING PRIOR TO OBTAINING WRITTEN APPROVAL FROM THE DIVISION. <br />2