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f •' <br />STIPULATION AND AGREEMENT APPLICABLE TO <br />SAND AND GRAVEL MINING LIFE OF THE MINE <br />PERMIT N0. 76-51 ISSUED ON MAY 8, 1977 <br />TO BETGER SAND AND GRAVEL <br />1. Recitations <br />A. BETTGER SAND AND GRAVEL filed an application with the Colorado Mined <br />Land Reclamation Board (the Board)ffor a Limited Impact permit on <br />November 5, 1976. <br />B. On July 26, 1976, the Board decided not to adopt Emergency Rules and <br />Regulations for the 1976 Act, but to proceed to prepare, adopt, and <br />promulgate permanent rules and regulations. These rules and regulations <br />have not yet been adopted. <br />C. The Board approved the processing of applications provided that any permit <br />issued in connection with such applications would be expressly subject <br />to the terms of a stipulation such as that embodied herein. <br />D. On January 25, 1977 the Board held an evidentiary hearing with respect <br />to BETTGER SAND AND GRAVEL'S application, and on the same day, the Board <br />approved the issuance of a Limited Impact permit to BETTGER SAND AND <br />GRAVEL, said permit to be subject to the terms of this Stipulation and <br />Agreement. <br />E. The Board and the Attorney General's Office have reviewed this Stipula- <br />tion and found it to be in compliance with the resolution adopted by <br />the Board and its July 26, 1976 meeting, and described in paragraph B <br />herein. <br />2. Agreements <br />BETTGER SAND AND GRAVEL agrees to comply with all rules and regulations to be <br />adopted as regulations by the Mined Land Reclamation Board pursuant to its <br />authority under Article 32 of Title 34, C.R.S. 1973, as amended (1976 Sess. <br />Laws H.B. 1065) which are not declared invalid, inapplicable, or unenforce- <br />able by statutory or court action, as soon as possible, but not later than <br />180 days after the effective date of such regulations. Pending the adoption <br />of such rules and regulations, BETTGER SAND AND GRAVEL agrees to be bound <br />by all of the provisions of the 1976 Mined Land Reclamation Act, as well as <br />the rules and regulations of the Mined Land Reclamation Board previously <br />adopted under the Colorado Open Mining Land Reclamation Act of 1973. Further- <br />more, once the rules and regulations are adopted by the Board, BETTGER SAND <br />AND GRAVEL agrees that all documents it submits to comply with such rules and <br />regulations will be subject to full public review and that full opportunity <br />will be given for a hearing before the Board on the adequacy of the documents, <br />if requested in writing by members of the public. At such a hearing, the <br />Board may reconsider further conditions to this permit, to wit: <br />During the course of mining operations, BETTGER SAND AND GRAVEL shall not <br />allow the total disturbed acreage to exceed 6 acres, nor the annual ex- <br />traction of mineral and overburden to exceed 70,000 tons. <br />Dated this ~ day of ~,1tU l , 1977. <br />MINED <br />~' <br />~~/ BY <br />