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sion engaged in informal discovery with Mt. Harris regarding the <br />Mt. Harris facility and its relation to the Grassy Gap mine. <br />14. The division and Mt. Harris filed briefs on the <br />question of whether Mt. Harris is required to obtain a permit. <br />On April 25, 1985, the board received evidence on this issue, and <br />heard oral argument by counsel for the division and Mt. Harris. <br />CONCLUSIONS OF LAW <br />1. Any person who conducts a surface coal mining opera- <br />tion is required to obtain a permit from the board. Section 34- <br />33-109(2), C.R.S. (1984); section 2.01.2 of the coal regulations, <br />2 CCR 407-2, at 41. <br />2. The Mt. Harris facility constitutes a "surface coal <br />mining operation," as that term is defined at section 34-33- <br />103(26), C.R.S. (1984) and section 1.04(132) of the coal regula- <br />tions, 2 CCR 407-2, at 27. With respect to the two arguments <br />raised in this proceeding by Mt. Harris that its facility does <br />not constitute a surface coal mining operation, the board con- <br />cludes: <br />a. The Mt. Harris facility has been operated "in <br />connection with" the Grassy Gap mine, as that term is used in <br />section 34-33-103(26), C.R.S. (1984) and section 1.04(132) of the <br />coal regulations. <br />b. Mt. Harris is subject to the permitting re- <br />quirement irrespective of whether its facility is "at or near" <br />the Grassy Gap mine. The "at or near the mine site" language con- <br />tained in section 34-33-103(26) of the statute and section <br />1.04(132) of the coal regulations applies only to facilities en- <br />gaged exclusively in loading, and not to facilities such as Mt. <br />Harris' which also process coal. <br />3. Mt. Harris is required to obtain a permit for its fa- <br />cility by the above-cited statutory and regulatory sections, and <br />by sections 2.06.10, 4.04, and 4.28.2 of the coal regulations, 2 <br />CCR 407-2, at 119, 211, and 309. <br />-3- <br />