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Mr. Brian Munson <br />Mined Land Reclamation Division <br />August 5, 1983 <br />Page 2 <br />in g34-33-113(1) only that "after a permit application has <br />been approved but before a permit is issued, the applicant <br />shall with the division...a performance bond..." In addition <br />in an appeal heard on July 27, 1983 by the Board on a similar <br />proposed stipulation (Sun Coal Company) it is my understanding <br />that a majority of the Board members present in that hearing <br />indicated that they thought such a specific time requirement <br />for bond submission was inappropriate and by action of the <br />Board, such a requirement was removed from this permit <br />approval. <br />Request: Remove Stipulation No. 1 for the reasons <br />that there is no legal authority for such a requirement. <br />Z. Paragraphs 1 and 4, page 5: <br />Concern: The third sentence in paragraph 1 and <br />the fourth paragraph on page 5 of the proposed decision made <br />rather conclusive statements as to the presence of alluvial <br />valley floors in the general area oz adjacent to the permit <br />area. There is no identification of the source data supporting <br />such conclusions. <br />Request: Identify source date, either as located <br />within the permit application or from other public ar published <br />data sources, which support such conclusions of the Division. <br />3. Paragraph 1, page 6: <br />Concern: It would appear that ample evidence <br />exists in the Division's files that coal mining is also a <br />primary land use along with irrigated agriculture. <br />Re uest: Modify the first sentence in the first <br />paragraph on page 6 to indicate that the primary land uses <br />in the valley are irrigated agriculture and coal mining. <br />4. Paragraph 3, Section I, page 8: <br />Concern: The last sentence in the third paragraph <br />under Section I on page 8 makes a statement of legal effect <br />(i.e, termination of Terror Creek Company's permit subse- <br />quent to permit approval and issuance of the Colorado 5urfac~ <br />Coal Mining Reclamation Act. Admittedly, Board Rule 2.07.6(: <br />does provide for such action and sanction. However, as <br />