REV05858

• Permit No: C1981039
• IBM Index Class Name: Revision
• Doc Date: 12/18/1989
• Doc Name: BOARD ORDER MID TERM REVIEW GRASSY GAP MINE FN C-81-039 TR-04
• From: MLRD
• To: PARCEL MAURO HULTIN AND SPAANSTRA PC
• Type & Sequence: TR4
• Media Type: D
• Archive: No

I'll nLJ -rii:J .. ~..~n N~n~..rJi~ J_-~.,_
Dc?AR7MENT G~ NATURAL RESGliR;..S
STATE GF COLORADO
In The Matter Of: ) Affirmation of the Mined Land
) Reclamation Division's Decision
Rockcastle Coal Company ) to Approve a Technical Revision
Grassy Gap Hine ) to Permit C-81-039 Subject to
Mid-term Review } Modifications
This matter was presented at a hearing before the Mined Land Reclamation Board
(hereinafter "board") on December 14, 1989, in response to a request for a Formal
Hearing, filed by Rockcastle Coal Company's counsel Mr. Mark Korb, pursuant to the
Colorado Surface Coal Mining Reclamation Act, Section 34-32-101 et seq. The request
for a formal hearing was submitted in response to the publication or a proposed
decision by the Mined Land Reclamation Division (hereinafter "Division") to approve
a tecnnicai revision.
Board members Dennis W. Donald, Michael Entz, Catherine Kroger-Rovey,
James 8. Cooley, Chris P. Jouflas and Terrance Lee D'Connor were present.
Chairperson Terrance Lee O'Connor presided over the hearing. The hearing held by
the Board was adjudicatory in nature, as required by C.P,.S. 1973,
Section 34-33-119(5) and Section 24-4-105 of the State Administrative Procedures Act.
Pursuant to the authority vested in the Mined Land Reclamation Board by C.R.S. 1973,
34-32-119(5) and Rule 2.07.4 of the Regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, the Board hereby makes the following findinos of
fact and conclusions of law.
Findings of Fact
1. The Mined Land Reclamation Division issued a Mid-Term Review, less the
reclamation bond assessment on September 8, 1987, pursuant to the Colorado
Surface Coal mining Reclamation Act, Section 34-33-11513).
2. The Mined Land Reclamation Division issued, as a part of the continuing
mid-term review process, a bond estimate of $778,350 on December 16, 1988.
This estimate was revised to $748,787 on May 8, 1989, to reflect a modified
feet and material weight.
3. On July 8, 1989 the Division proposed a decision to approve, with three
stipulations, the Technical revision which addressed the Mid-Term Review.
4. On July 24, 1989, Rockcastle Coal Company, throuoh counsel Mark Korb, objected
to the stipulations and requested a Formal Puolic Hearing.
5. Rockcastle Coal Company, through counsel Dean Massey, and the Division's
representatives, Susan Mowry and Cathy Beaej, negotiated a Compromise
reclamation bond amount of 5572,000 on Octooer 31, 1989.