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J <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />File No. C-89-074 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />----------------------------------------------------- <br />IN THE MATTER OF MR. WILLIAM DAM S, RIMROCK COAL MINE <br />THIS MATTER having come before the Mined Land Reclamation <br />Board ("the Hoard") on November 18, 1990 for a hearing pursuant <br />to $ 34-33-119, C.R.S. (1984), the Board makes the following <br />findings and conclusions, and enters the following order: <br />FINDINGS OF FACT AND <br />CONCLUSIONS OF LAW <br />1. On February 15, 1989, Mr. William T. Davis ("the <br />applicant") filed an application to perform surface and mining <br />operations at the Rimrock Coal Mine. The Mined Land Reclamation <br />Division ("the Division") issued a proposed decision to approve <br />of the application, and published notice of such proposed deci- <br />sion beginning on August 31, 1990, pursuant to $ 34-33-119(4), <br />C.R.S. (1984). <br />2. On September 28, 1990, Trend in Colorado, Inc. <br />("Trend") filed a request for a hearing on the application. The <br />request was in writing and stated, with reasonable specificity, <br />the reasons for the request and the objections to the proposed <br />decision. Trend supplemented its request with an additional <br />statement filed on October 1, 1990. <br />3. The operator waived his right to a hearing within 30 <br />days of the filing of the request for a hearing, and agreed to a <br />hearing of the November Board meeting. <br />4. The application adequately addressed the disposal of <br />non-coal waste, as required by Rules 2.05.3(8) and 2.05.4(2)(f). <br />The applicant provided that such waste could be disposed of at an <br />