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C � <br /> -2- <br /> RECEIVED <br /> AUG 1 .) 19611 <br /> PROPOSED DECISION <br /> WYOMING FUEL COMPANY MINED LAND RECLAMATION DIVISION <br /> THE NEW ELK MINE Colo. Dept. of Natural Resources <br /> The Colorado Mined Land Reclamation Division proposes to approve, with <br /> stipulations, an application for a revision to a permit to conduct coal mining <br /> operations submitted by Wyoming Fuel Company for the New Elk Mine. <br /> The Division is proposing to approve, with stipulations, construction of <br /> surface facilities that will allow washing of coal from both the New Elk Mine <br /> and Golden Eagle Mine. In addition, the Purgatiore River will be permanently <br /> diverted to provide sufficient room for development of the preparation plant <br /> facilities, and a new refuse disposal area for permanent disposal of <br /> preparation plant refuse will be constructed. All of these activities are <br /> covered by this approval . <br /> The approval decision is based on a finding that the proposed operations to be <br /> approved will comply with all requirements of the Colorado Surface Coal Mining <br /> Reclamation Act, C.R.S. 1973, as amended, 34-33-101 et seq. and the <br /> regulations promulgated pursuant to the Act. <br /> The permit revision application and the stipulations will become a binding <br /> part of the permit upon approval . The stipulations for the New Elk Mine <br /> permit revision are as follows: <br /> STIPULATION NO. 1 <br /> PRIOR TO ANY CONSTRUCTION ACTIVITIES FOR THE PROPOSED SEDIMENT POND, WYOMING <br /> FUEL COMPANY MUST RECEIVE A WRITTEN NOTICE TO PROCEED FROM THE DIVISION. THIS <br /> NOTICE WILL BE PROVIDED ON THE BASIS OF MSHA APPPROVAL OF THE STRUCTURE AND <br /> THE DIVISION'S REVIEW OF ALL MATERIALS SUBMITTED TO SECURE MSHA APPROVAL. ALL <br /> MATERIALS SUBMITTED TO MSHA FOR REVIEW SHALL ALSO BE SUBMITTED TO THE DIVISION. <br /> STIPULATION NO. 2 <br /> THE OPERATOR MUST COMMIT TO THE FOLLOWING MAINTENANCE OF THE SEDIMENT POND: <br /> A. ONLY ONE DEWATERING ORIFICE WILL BE OPEN AT A TIME. THE FIRST ORIFICE <br /> AT THE 2 ACRE FOOT LEVEL WILL BE CLOSED AT SUCH TIME THAT THE SEDIMENT <br /> VOLUME REACHES 60% OF THE DESIGN STORAGE OR 1 .2 ACRE FEET. AFTER <br /> CLOSURE OF THE FIRST ORIFICE, THE SEDIMENT LEVEL WILL BE MAINTAINED AT <br /> NO MORE THAT 40% OF THE 4.95 ACRE FOOT DESIGN VOLUME FOR SEDIMENT OR AT <br /> APPROXIMATELY THE 2.0 ACRE FOOT LEVEL. STAFF GAGES WILL BE INSTALLED TO <br /> ASSURE PROPER DETERMINATION OF SEDIMENT LEVEL. <br />