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<br />approved landfill. It is the applicant's obligation to ensure <br />that he has any license or permit necessary for such disposal. <br />5. The operator did not keep a complete and up to date <br />application on file with county clerk and recorder as required by <br />§ 34-33-110(4), C.R.S. (1984). However, in response to Trend's <br />September 28, 1990 filing, the applicant filed all material por- <br />tions of the application with the county clerk and recorder on or <br />about October 5, 1990. In light of such filing, and the continu- <br />ance of the hearing to the November Board meeting, Trend was <br />afforded and adequate opportunity to review the application <br />before the hearing. Accordingly, the application should not be <br />denied for failure to maintain the application on file with the <br />county clerk and recorder. <br />6. The application contained a vegetation map and ade- <br />quately described the plant community at the site. <br />7. The application adequately described the surface and <br />ground water hydrology for the proposed permit and adjacent area <br />as required by Rule 2.04.7. <br />8. There aze no known significant archaeological sites, <br />or cultural or historic resources listed or eligible for listing <br />on the National Register of Historic Places, within the permit <br />area. <br />9. The Department of Wildlife letters dated May 21 and <br />August 6, 1987 demonstrate that there are no threatened or endan- <br />gered species within the permit area, and that the overall impact <br />of the operation on wildlife in the area will be minimal. The <br />letter dated October 17, 1990 further supports these conclusions. <br />10. Neither the Colorado Surface Coal Mining Act, nor the <br />regulations promulgated thereunder, require an applicant to <br />obtain a valid emission permit from the Colorado Department of <br />Health prior to obtaining a mining and reclamation permit. <br />11. The applicant is limited to the production of 30,000 <br />tons per year as indicated in the application. To the extent <br />other government agencies have the authority to limit coal pro- <br />duction, they may do so without being in conflict with the mining <br />and reclamation permit. <br />12. The information set forth in the application, and <br />information presented at the hearing, demonstrate that the appli- <br />cation complies with the requirements set forth in <br />$ 34-33-114(2), C.R.S. (1984). <br />-2- <br />