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~~~ ~~~~~~~~~~~~~~~~ 9~~'~~ ~ ~~ Cad ~h loo Proposed Decision ~s a~. The Colorado Division of Minerals and Geology (DMG) proposes to approve with stipulations an application for a permit to conduct coal mining operations. DMG proposes to grant a coal mining permit extending for a period of 5 years to Lorencito Coal Company. Operations are conditionally approved as noted in this findings and as shown on Map 2.05.3-1, Mine Plan. The area approved for mountaintop removal operations is as depicted on the Mine Plan map for the years 1997 to 2002. Haul roads included in the conditional approval aze the Jeff Canyon haul road, Cow Canyon haul road (to Rl and P3 portals), Pl/P2 haul road, and the P1/P2 access road. Railroad spur and raw coal loadout activities aze conditionally approved during the first permit term (1997-2002). Underground mining activities conditionally approved under the 1997-2002 permit term are at the P3 portal, the P1/P2 portal, and the R1 portal, acrd include the roads to these locations. Other activities incident to conducting operations as required by the Rules, including but not limited to, water monitoring and subsidence monitoring, aze included in the conditional approval. Specifically excluded during the first five year permit term are activities associated with the R2, R3, and R4 portals and the road to the R3 and R4 portal locations. This decision is based on a finding that operations conducted by Lorencito Coal Company will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, the permit will be issued. 1~he permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. Stipulations The following stipulations are attached t a . Details concerning these stipulations can be found in Section A and Section B of this document. TP#I AS SHOWN ON MINE PLAN MAP 2.05.3-],FOR SEDIMENTATION PONDS 001, 002, 003, 005, 007, 008 AND 009, LORENCITO COAL COMPANY SHALL CONDUCT CULTURAL RESOURCES SURVEYS, SUBMIT THE SURVEYS TO THE DIVISION, AND RECEIVE SHPO CLEARANCE PRIOR TO DISTURBING AREAS ASSOCIATED WITH POND CONSTRUCTION. STIP # 2 AS SHOWN ON MINE PLAN MAP 2.05.3-I, FOR THOSE AREAS OF FILLS 2, 3, 5, AND 8 NOT ALREADY SURVEYED, LORENCITO COAL COMPANY SHALL