APPCOR10657

• Permit No: C1985070
• IBM Index Class Name: Application Correspondence
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECLARATORY ORDER
• Media Type: D
• Archive: No

III IIIIIIIIIIIII III
999
BEFORE THE MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
STATE OF COLORADO
----------------------
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECLARATORY ORDER
IN RE: MT. HARRIS COAL COMPANY
-----------------------------------------------------------------
The Mined Land Reclamation Hoard of the Colorado Department
of Natural Resources ("the board") hereby issues its findings of
fact, conclusions of law, and declaratory order in the above-
captioned matter.
FINDINGS OF FACT
1. On September 27, 1977, an enterprise known as Grassy
Creek Coal Co. was formed by Consolidated Fuels, Inc. ("Consoli-
dated"), the Rockcastle Company ("Rockcastle"), and Electra Coal
Company ("Electra") for the purpose of mining, processing and
marketing coal from the Grassy Gap No. 1 Coal Mine ("the Grassy
Gap mine") in Routt County, Colorado.
2. Under the enterprise's agreement ("the agreement")
Rockcastle was assigned the responsibility of mining coal at the
Grassey Gap mine while Consolidated was made responsible for
hauling and tipling the coal. Electra was required to market the
coal.
3. Subsequent to the formation of the enterprise,
Electra withdrew as a participant, and Mt. Harris Coal Company
("Mt. Harris") succeeded to the interest of Consolidated. Under
the agreement Rockcastle now mines coal, while Mt. Harris trans-
ports the coal from the Grassy Gap mine to a processing and load-
ing facility. The enterprise is now known as the Grassy Gap Coal
Co.
4. The Mt. Harris facility is located approximately 14