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_. , • i <br />' STIPULATION AND :1CP.EEA7F.NT APPLiC.~.~•I,~. 7•' <br />OPEN MINING LIFE OF THE MINE PERPIIT `]0. 77-22 <br />ISSUED ON MARCH 28, 1977 TO DELTA SAND <br />AND GRAVEL CO. <br />1. Recitations <br />A. DELTA SAND AND GRAVEL CO. filed an application with the Colorado Mined Land <br />Reclamation Board (tlie Board) For an open mining permit on February 28, 1977. <br />B. On July 26, 1976, the Board decided not to adopt Emergency.Rules and Regulations <br />for the 1976 Act, but to proceed to prepare, adopt, and promulgate permanent <br />rules and regulations. These rules and regulations 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 to <br />the terms of a stipulation such as that embodied herein. <br />D. On Ptarcl~ 23, 1977, the Board held an evidentiary hearing with respect to <br />DELTA SAND AND GRAVEL C0.'s application, and on the same day, the Board <br />approved the issuance of an open mining permit to DELTA SAND AND GRAVEL <br />CO., said permit to be subject to the terms of this Stipulation and Agreement. <br />E. The Roard and the Attorney General's Office have reviewed this Stipulation <br />and bound it to be in compliance with the resolution adopted by the <br />Board at its July 26, 1976 meeting, and described in paragraph B herein. <br />2. Agreements <br />DELTA SAND AND GRAVEL agrees to comply with all rules and regulations to be <br />adopted as regulations by the Mined Land Reclamation Buard pursuant to its <br />authority under Article 32 of Title 34, C.R.S. 1973, as amended (1976 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 of such rules and <br />regulations, DELTA SAND AND GRAVEL CONPANY agrees to be bound by all of the provisions <br />of the 1976 Mined Land Reclamation Act, as well as the rules and regulations of <br />the Tlined Land Reclamation Board previously adopted under the Colorado Open Plining <br />Land Reclamation Act of 1973. Furthermore, once the rules and regulations are <br />adopted by the Board, DELTA SAND AND GRAVEL CO. agrees that all documents it <br />submits to comply with such rules and regulations will be subject to full public <br />review and that full opportunity will be given for a hearing before the Board on <br />the adequacy of the documents, if requested in writing by members of the public. At <br />such a hearing, the Board may reconsider further condiCions to this permit, to <br />wiC: <br />A. During the course of mining operations, DELTA SAND AND GRAVEL CO. shall <br />not allow the mtal disturbed acreage to exceed 9.03 acres, nor the annual <br />extraction of mineral and overburden to exceed 70,000 tons. <br />B. Any lands included in this permit which were mined after July 1, 1973, <br />without a permit are included solely for the purpose of obtaining a re- <br />clamation plan and bonding coverage for such lands. Such inclusion shall <br />not validify any mining perviously conducted which may be punishable under <br />C.R.S. 1973, 34-32-113(2), and 34-32-123 and 124, as amended. <br />Dated this ,78th day of March, 1977. <br />By <br />