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!• <br /> <br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />File No. C-89-074 <br />Pi~`1 1 ~ i::":J <br />?acla~~~~.;io,~ ~;~~i;ion <br />MOTION TO DISMISS APPEAL OF PROPOSED DECISION OF DIVISION OF <br />MINED LAND RECLAMATION APPROVING APPLICATION FOR PERMIT TO <br />CONDUCT COAL MINING AND RECLAMATION OPERATIONS; AND BRIEF IN <br />SUPPORT THEREOF <br />IN THE MATTER OF MR. WILLIAM T. DAVIS, RIMROCK COAL MINE <br />COMES NOW the Operator/Applicant, William T. Davis, Rimrock Coal Mine <br />(hereafter referred to as "Operator") by and through counsel, Doris A. Waters, and hereby <br />requests the Mined Land Reclamation Board (hereafter referred to as "Board") to dismiss <br />this appeal of the proposed decision of the Division Of Mined Land Reclamation <br />(hereafter referred to as "Division") to grant the permit requested by Operator to perform <br />surface coal mining and reclamation operations and as grounds therefore states as follows: <br />FACTS <br />Pertinent facts in this case establish that on or about February 15, 1989, Operator, <br />submitted his written application to the Division to obtain a permit to perform surface coal <br />mining and reclamation operations pursuant to C.R.S. § 34-33-101, e[ seq., Colorado <br />Surfoce Coal Mining Reclamation Act. <br />On or about March, 1989, Operator was informed by the Division that his <br />application was complete. After receiving such notification, Operator caused to be <br />published the requisite notice , in accordance with the provisions of C.R.S. § 34-33-118(2). <br />Said Notice appeared in The Chronicle News, a daily newspaper of general circulation, <br />printed, published and circulated in the City of Trinidad, County of Las Animas, State of <br />Colorado, on March 08, 15, 22, and 29, 1989. (Copy of Notice attached hereto as Exhibit <br />"A" and incorporated herein by this reference.) <br />The Division ultimately issued its proposed decision to approve with conditions the <br />Operator's application for a permit to conduct mining and reclamation operations. Notice <br />of the proposed decision of the Division was published on August 30, 1990 and September <br />06, 1990, pursuant to C.R.S. § 34-33-119(4). (Copy of Notice of Proposed Decision <br />1 <br />