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<br />Mined Land Reclamation Board <br />Department of Natural Resources <br />State of Colorado <br />In the Matter of: Affirmation in full of <br />Mt. Harris Coal Company the Mined Land <br />Division's Proposed Decision to Reclamation Division's <br />Issue a Mining and Reclamation Proposed Decision to <br />Permit Issue a Mining and <br />Reclamation Permit <br />This matter was presented before the Mined Land Reclamation Board (hereinafter <br />"Board") on August 28, 1986 in a Formal Hearing requested by Mt. Harris Coal <br />Company pursuant to the Colorado Surface Coal Mining Reclamation Act, Section <br />34-33-101 et seq. Pursuant to a request by Mt. Harris Loal Company the <br />Hearing was continued until the October 23, 1986 Board Hearing. <br />Board members Lee Campbell, David 6etches, Davis Holder, Dickey Lee <br />Hullinghurst, and Terry O'Connor were present. Chairperson Dickey Lee <br />Hullinghurst presided over the hearing. Board member Terry O'Connor abstained <br />from voting. The hearing held by the Board was adjudicatory in nature as <br />required by C.R.S., Section 34-33-125(5) and Section 24.4-105 of the State <br />Administrative Procedures Act. <br />Pursuant to the authority vested in the Board, the Board hereby makes the <br />following findings of fact and conclusions of law. <br />Findings of Fact <br />1. On April 25, 1985 the Board issued a declaratory order stating that Mt. <br />Harris Coal Company must obtain a mining and reclamation permit for its <br />coal processing and tippling operation. <br />2. On October 17, 1985 Mt. Harris Coal Company submitted an application for <br />a surface coal mining and reclamation permit. <br />3. On June 17, 1986 the Mined Land <br />"Division") proposed a decision <br />allowing reclamation only. <br />Reclamation Division (hereinafter <br />to issue a mining and reclamation permit <br />4. On June 24, 1986 Mt. Harris Coal Company notified the Division that it <br />disagreed with the Division's proposed decision and was withdrawing its <br />application fora permit. <br />5. On July 24, 1986 Mt. Harris requested a hearing to contest the Division's <br />proposed decision. <br />6. At the August 28, 1996 formal hearing, the Mt. Harris Coal Company <br />objected to the Division's proposed decision to approve a permit for the <br />Mt. Harris Coal processing and tippling facility. Mt. Harris Coal <br />Company requested that it be allowed to withdraw the permit application <br />because the company did not have sufficient resources to post bond. The <br />Board continued the formal hearing to the October 23, 1986 Board Meeting <br />to provide Mt. Harris with additional time to research and pursue viable <br />alternatives: <br />