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:c ~ Findings of Fact 1. Rockcastle Coal Company owns and operates a surface coal mine known as the Grassy Gap Mine. The mine is located in Sections 20, 21, 28, 29, 31 and 32, Township 5 North, Range 87 West of the 6th Prime Meridian in Routt County. 2. The Rockcastle Coal Company developed an adequate mining and reclamation plan and received approval for this plan from the Division on April 23, 1985, under the permanent regulatory program. 3. The permit carried with it the right of successive renewal under Rule 2.08.5. 4. The operator did not apply for permit renewal under 2.08.5 and the permit subsequently expired on April 23, 1990. 5. On May 24, 1990, the Division issued a recommendation that the renewal be officially denied. This recommendation was based on the finding that 1) the terms and the conditions of the permit were not being satisfactorily met, 2) the present surface coal mining and reclamation operation is not in compliance with environmental protection standards, 3) the operator has not provided evidence that the performance bond will continue in full force and 4) additional revised or updates information required by the Division has not been provided. 6. The Division presented its recommendation to the Board, after public notice, on May 24, 1990. 7. The Rockcastle Coal Company, through counsel Dean Massey, acknowledged that no renewal application had been filed and accoraingly, did not contest the Board's finding regarding permit renewal. 8. The Rockcastle Coal Company and the Division are working towards a compliance schedule for reclamation at the site to be conducted during the summer of 1990. Outstanding issues include involvement of the landowner in the agreement, assessment of the role of the bank that issued the letter of credit in the compliance schedule, and a decision on the mechanism to be used to pay for reclamation at the site. 9. The December 14, 1989, Board Order, concerning three Stipulations to the Mid-Term Review, has not been complied with by Rockcastle Coal Company. Failure by Rockcastle to comply with Stipulation No. 5, concerning augmentation of the bond, resulted in issuance of Notice of Violation No. C-90-007 on February 19, 1990. The abatement deadline was May 16, 1990. Notice of Violation No. C-90-007 has not been abated. Stipulation Nos. 6 and 7, concern AOC at Pits 5 and 6 and preparation of hydraulic calculations or a Phase II Bond Release package. These stipulations have a compliance date of June 15, 1990, following a February 13, 1990, request for extension to enable access to the site. 10. Notice of violation No. C-89-034 was issued December 14, 1989 for failure to maintain compliance with hydrologic performance standards in the permit application and at the site. The abatement deadline was extended on March 8, 1990, due to access difficulties, to June 8, 1990. Notice of Violation No. C-89-034 has not been abated.