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Proposed Decision <br /> <br /> <br />The Colorado Division of Reclamation, Mining and Safety proposes to Approve with <br />Stipulations an application for a permit to conduct surface coal mining and reclamation <br />operations. <br /> <br />The application was submitted by Western Fuels-Colorado, A Limited Liability Company, for <br />the New Horizon North Mine. This decision is based on a finding that the operations will <br />comply with all requirements of the Colorado State Program as found in the Colorado Surface <br />Coal Mining Reclamation Act, Section 34-33-101 et seq., C.R.S., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. Upon submittal of acceptable surety by the applicant, the permit will be issued. The <br />permit application, all supporting documentation and any stipulations or conditions will become <br />a binding part of the permit. <br /> <br /> <br /> <br />Stipulations <br /> <br />SN.1-TES <br />TIPULATION O HREATENED AND NDANGERED PECIES <br />I, <br />F NEW INFORMATION BECOMES AVAILABLE FOR THREATENED OR ENDANGERED SPECIES IF A NEW <br />,, <br />SPECIES BECOMES LISTED IF INCIDENTAL TAKE OCCURS IF THE TOTAL AVERAGE ANNUAL AMOUNT <br />NHNM, <br />OF WATER DEPLETED BY THE EW ORIZON ORTH INE CHANGES OR IF ANY OTHER PROJECT <br />ELEMENT CHANGES WHICH ALTERS THE OPERATION OF THE PROJECT FROM WHAT IS APPROVED IN <br />THE INITIAL PERMIT AND WHICH MAY AFFECT ANY ENDANGERED OR THREATENED SPECIES IN A <br />A9,2012U.S.FW <br />MANNER OR TO AN EXTENT NOT CONSIDERED IN THE PRIL ISH AND ILDLIFE <br />,7. <br />BIOLOGICAL OPINION FORMAL SECTION CONSULTATION MUST BE REINITIATED <br /> <br /> <br />SN.2–EC <br />TIPULATION O QUIPMENT ORRIDOR <br />PEC, <br />RIOR TO INITIATING ANY DISTURBANCE OF THE PROPOSED QUIPMENT ORRIDOR THE <br />APPLICATION MUST BE REVISED TO SATISFACTORILY ADDRESS THE PERFORMANCE STANDARDS OF <br />R4.03.3-L-UR.A, <br />ULE IGHTSE OADS DDITIONALLY NO WORK MAY PROCEED RELATED TO THE <br />TD404U.S.ACE <br />CROSSING OF UTTLE RAW UNTIL A PERMIT ISSUED BY THE RMY ORPS OF NGINEERS <br />D. <br />HAS BEEN PROVIDED TO THE IVISION <br /> <br /> <br /> <br /> <br /> <br /> <br />2 <br /> <br />