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<br /> <br /> <br />Finding of Fact <br />and <br />Decision <br />of the <br />Mined Land Reclamation Board <br />December lfi. 1982 <br />Finding of Fact <br />1. On October 12, 1982, the Mined Land Reclamation <br />Division issued a Proposed Decision approving an application to <br />conduct surface coal mining at the Martinez Strip Mine by <br />Chimney Rock Coal Company. <br />2. On October 14, 1982 and October 21, 1982, Notice of <br />the Proposed Decision was published in the Pagosa Sun. <br />3. On November 1, 1982, the Mined Land Reclamation Board <br />received objections and a request for a formal heating on the <br />Proposed Decision. The objections and request were submitted <br />by Wilburn E. Hamilton, Virginia Lee Hamilton, and Virginia Lee <br />Hamilton, Trustee. <br />4. On November 18, 1982, Notice was published in the <br />Pagosa Sun of a formal hea[inq to be held before the Mined Land <br />Reclamation Board on December 1, 1902, to consider objections <br />to the Proposed Decision. Thla Notice was also published on <br />November 27, 1982 in the Denver Post. This Notice was mailed <br />to Chimney Rock Coal Company on November 9, 1982. This Notice <br />was hand-delivered to Wilburn E. Hamilton on November 10, 1902. <br />5. On November 23, 1982, the Mined Land Reclamation <br />Division, Wilburn E. Hamilton, and Chimney Rock Coal Company <br />mutually agreed by phone conversation to reschedule the formal <br />heating to December 16, 1902. This agreement was conficmed to <br />the Mined Land Reclamation Division by written correspondence <br />from Chimney Rock Coal Company on November 24, 1902 and by <br />Wilburn E. Hamilton on November 27, 1982. <br />6. On November 29, 1902, Notice was published in the <br />Denver Post of the rescheduled formal hearing to be held before <br />the Mined Land Reclamation Board on December 16. 1982, to <br />consider objections to the Proposed Decision. This Notice was <br />also published in the Durango Herald on December 3, 1902. This <br />Notice was mailed to Wilburn E. HamLlton. Virginia Lee <br />Hamilton, and Virginia Lee Hamilton, Trustee and to Chimney <br />Rock Coal Company on November 25, 1902. <br />7. On December 16, 1902, a formal hearing was conducted <br />by the Mined Land Reclamation Board to consider the objections <br />of Wilburn E. Hamilton, Virginia Gee hamilton, and Virginia Lee <br />Hamilton, Trustee, to the Proposed Decision. The hearing was <br />conducted in accordance with C.R.S. 1973. Section 24-14-105 in <br />Room 110 of the Centennial Building at 1313 Sherman Street in <br />Denver. Colorado. A written and taped tranaccipt of the formal <br />heating was made. ' <br />