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<br /> <br />4. On December 15, 1993, the Board held the formal hearing <br />on this matter. After hearing all of the presentations by the <br />parties and by the Division, the Board hereby finds the following <br />facts and approves the application with the following conditions: <br />a. Based on the representations of the applicant, <br />the Board finds that the applicant owns the surface and mineral <br />rights of the subject property. However, a tax certificate for <br />unpaid taxes exists on the property. By February 15, 1994, the <br />applicant shall submit proof to the satisfaction of the Attorney <br />General's Office that the outstanding tax certificate concerning <br />the property on which the mining operation will be conducted has <br />been completely resolved. Until such proof is submitted, the ap- <br />plicant shall not conduct any mining operation. <br />b. The Applicant shall inform the Division as soon <br />as possible of any action or proceeding that at all impinges on <br />the Applicant's right to enter the subject property, including <br />but not limited to, litigation concerning property rights. <br />c. The maximum"allowable disturbance for the mining <br />operation shall be 108.2 acres. <br />d. The applicant shall submit a financial warranty <br />in the amount of $476,254. <br />5. The Board finds, subject to the conditions cited here- <br />in, that the application meets the requirements of the Mined Land <br />Reclamation Act. "See § 34-32-115(4), C.R.S. (1984 & 1993 <br />Supp.). <br />-2- <br />