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<br />', <br />I I I:+ IC': <br />„!_._ _ ~ ~ .: .. ...~~i I 1 <br />J'.l <br />~~1h' <br />1. Recitations <br />• :-~ <br />S'1'IPULnTrOPI AND .+C1tEEMl?NT APPLICABLE 1'0 <br />01'EN PIIIJING LIFI's OP THE 111[;JE PERPIL'1' NO. <br />7G-56 ISSIJED ON 1'EBItUAR`i 23, 1977. 1'0 <br />S'1'ERL1tdG READY P1IX CONCRE'fL' CO. <br />A. STERLING READY t4IX CONCRETE CO. Ei].ed an anp.lication with the Colvrado <br />Pfined Land Reclamation Board ("the Eoard") for an open mining permit <br />on December 17, L976. <br />B. On July 26, 1976, the Board decided not to adopt Emergency Mules and <br />Regulations ,for the 1976 net, but to proceed to prepare, adopt, and <br />promulgate permanent rules and regulations. These rules and regulations <br />have not yet been adopted. <br />~E - ~ ~. <br />G The Board approved the processing of applications provided that any permit <br />issued in connection faith such applications would be expressly subject <br />to the terms of a stipulation such as that embodied herein. <br />D. On February 22, 1977, the Board held an evidentiary hearing with respect to <br />STERLING READY MIX CONCRETE C0.'s application, and on the same day, the <br />Board approved the issuance of an open mining permiC to S'r$RJ.IPIG P.lADY PIIX <br />CONCRETE CO., said permit to be subject to the terms of this StipulaCion <br />and Agreement. <br />2. Agreements <br />STEPLING READY PIIX CONCRETE CO. agrees to comply with all rules and .regulations to <br />be adopted as regulations by the "lined Land Geclamation Board pursuant to its <br />authority under Article 32 of Title 34, C.Ii.S. 1973, as amended (19711 Sess. Laws <br />H. B. 1065) which are not declared invalid, inapplicable, or unenforceable by <br />statutory or court action, as soon as possible, but not later than 180 days after <br />the effective date of ,such regulations. Pending the adoption oC such rules and <br />regulations, STERLING RtiADI' MIX COidCP.E'1'E CO. agrees to be bound by aLl of the <br />provisions of the 1976 Mined Land Reclamation Board previvus.ly adopt~zd under <br />Cho Colorado Open Plinilig Land Reclamation net of 1973. PurChermore, once the <br />rules and regulations are adopted by the Board, STERLING READY PIIX CONCRETE' CO. <br />agrees that all documents it submits to comply with such rules and regul'at'ions <br />will be subject to full public review and that full opportunity will be given <br />fur a hearing before the Board on the adequacy of the documents, iL requested <br />in writing by members of the public. At such a hearing, the Board may reconsider <br />further conditions to this permit, to wit: <br />During [he course of mining operations, STERLING READY PIIX CONCRETE ~0. shall <br />riot allow the total disturbed acreage to exceed the Following limitations: <br />Major Disturbance 5 acres <br />moderate Disturbance 3 acres <br />Minor Disturbance ? acres <br />For purposes of this condition, major disturbance, moderate disturbance, and <br />minor disturbance are defined as follows: <br />Major Disturbance - that area of a mining operation which includes excavations, <br />overburden spoils, and topsoil stockpiles. <br />Moderate Disturbance - that area of a mining operation which is a result of <br />backfilling of the open cut, the leveling of overburden spoils, the smooth <br />grading and the distribution of topsoil or other suitable, approved plant growth <br />medium. <br />Minor Dfs wrbance~- that area of a mining Gx:ration which is undergoing pre- <br />paraCion immediately prior to p.iant~ing, or seeding, is being planted or seeded, <br />or has been planted or seeded but will not be released ft'om bond until there <br />has been full completion of all reclamation requirements as set forth in the permit. <br />Dated this 23rd day of February, 1977 <br />P[IPIED LAND RGCLAPIATION 60ARD <br />By ~~ - ~. I ` ~. , <br />v <br />STERLING RI:AllI' MIX COtJCItE1'E CO. <br />_~ ) p7~"-' (n~ <br />