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-i' • • <br />STATE OF COLORADO <br />` MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Recommendation for Denial ) FINDINGS OF FACT <br />of Permit Renewal for Permit C-82-054, ) CONCLUSIONS 6F LAW <br />Pueolo Coal Company, Inc. Carbon Junction Mine ) AND BOARD ORDER <br />This matter was presented in a formal public hearing, after proper notice <br />before the Colorado Mined Land Reclamation Board ("board") on December 14, <br />1989 in Room 220 of the Centennial Building, 1313 Sherman Street, Denver, <br />Colorado. The Board conducted the hearing to consiaer the Division's <br />recommendation that the renewal of Permit C-82-054 be denied. <br />The hearing was held in accordance with C.R.S. 34-33-109.!7) and Ruie <br />2.08.5(3). A taped transcript was made of the hearing. Pursuant to the <br />authority vested in the Board by C.R.S. 34-33-109!7) Rule 2.08.5(3), the Boarc <br />hereby makes the following Findings of Fact, Conclusions of Law and Board <br />Order. <br />FINDINGS OF FACT <br />• 1. On October 12, 1988, Pueblo Coal Company, Inc. (PCi) submitted an <br />application for renewal of Permit C-82-054. <br />2. The original permit expired on October 25, 1988 and since that tim=_ oC: <br />nas been authorized to conduct oniy limited monitoring and maintenance <br />activities as required to maintain compliance with the Law and <br />Regulations. <br />3. 7ne Division deemed the renewal application complete on October ZC, <br />1988. On January 10, 1989 the Division issued its preliminary aaeouacy <br />letter which identified items of concern based on a review of the permit <br />renewal application and associated documents. Issues addressed in the <br />letter included questions regarding hyarologic impact assessment, topsoil <br />balance, disturbance acreage, overburden swell factor determinatior. and <br />reveaetation technioues. On January 19, 1989 the Division forwaraed to <br />the operator the results of its review of the adeouacy of the reclamation <br />bond, including a detailed reclamation cost estimate. The Division's <br />cast estimate exceeaed the current bond amount by 5194,150.00. <br />4. PCi has not adequately responded to all of the concerns identified in the <br />adequacy review letter or the reclamation bond review. PCi has indicated <br />tnat they are unable to increase the bond amount or address ail of the <br />issues raised by the adequacy review due to their current bankruptcy and <br />they do not anticipate being able to do so until z lawsuit hied by tneir <br />. parent corporation (Oakridge Energy, Inc.) is resolved. <br />