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

miles east of the Grassy Gap mine, on land leased by W. R. Grace
& Company to Mt. Harris. Mt. Harris also holds certain railroad
siding leases granted by the Denver and Rio Grande Western Rail-
road Co.
5. The Mt. Harris facility comprises an office building,
a trailer, crushing and screening equipment, and a railroad track
on which coal is shuttled by rail car to a main railroad line.
6. At the Mt. Harris facility, Mt. Harris, screens,
crushes and blends coal before transporting it by a conveyor to
the shuttle coal cars.
7. During the years 1982, 1983, and 1984, all of the
coal produced at the Grassy Gap mine was loaded and processed at
the Mt. Harris facility. During those same years the percentages
of the coal handled at the Mt. Harris facility which came from
the Grassy Gap mine were 100 in 1982 and 1984, and 99.5 in 1983.
8. The agreement, which now governs the relationship be-
tween Mt. Harris and Rockcastle, states: "It is understood by
and among the parties that the production, tippling and sales
must be coordinated and the parties shall be in constant contact
as to quality, production and delivery schedules."
9. The agreement authorizes each party to enter and in-
spect both the Grassy Gap mine and the Mt. Harris facility and to
obtain all available information regarding exploratory work, pro-
duction, and marketing done on behalf of Grassy Gap Coal Co.
10. The agreement provides that Mt. Harris is to perform
processing and loading of coal "for the joint venture."
11. Rockcastle and Mt. Harris divide the proceeds re-
ceived by Grassy Gap Coal Co., and both share the costs of main-
taining a county road used for haulage of coal from the Grassy
Gap mine.
12. On May 14, 1984, the division informed Mt. Harris by
letter that it was required to obtain a permit for the Mt. Harris
facility by the Colorado Surface Coal Mining Reclamation Act,
sections 34-33-101 through 137, C.R.S. (1984) and the "Regula-
tions for Coal Mining," 2 CCR 407-2 (6-84) ("the coal regula-
tions"). This matter was then brought to the attention of the
board and set for a declaratory order hearing, pursuant to sec-
tion 1.14 of the coal regulations, 2 CCR 407-2, at 40.01-40.03.
13. Subsequent to the setting of this matter, the divi-
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