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ii iiiiiiiiiiiu iii <br />G~`,,~ 999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) FINDINGS OF FACT <br />Formal Hearing Concerning the Division's ) CONCLUSIONS OF LAW <br />Recommendation that the Reclamation ) AND BOARD ORDER <br />Bond for the Arness and McGriffin Coal ) <br />Mine be Declared as Forfeited. ) <br />This matter was presented in a hearing, after proper notice before the <br />Colorado Mined Land Reclamation Board ("Board") on April 27, 1989 in Room 220 <br />of the Centennial Building at 1313 Sherman Street, Denver, Colorado. The <br />Board conducted the hearing to consider the Colorado Mined Land Reclamation <br />Division's ("Division") recommendation that the Board declare the reclamation <br />bond far the Arness and McGriffin Coal Mine as forfeited. <br />The hearing was held in accordance with C.R.S. 34-33-124(4) and 2 CCR 407-2, <br />Rule 3.04.1 (1 )(b ). A taped transcript was made of the hearing. Pursuant to <br />the authority vested in the Board by C.R.S. 34-33-124(4) and 2 CCR 407-2, <br />Rule 3.04.1 (1)(b) the Board hereby makes the following Findings of Fact, <br />Conclusions of Law and Board Order. <br />Findings of Fact <br />1. The Arness and McGriffin Coal was issued permit X77-3 ug/c for an <br />underground coal mining operation on October 4, 1977. <br />2. The Division holds a reclamation bond of 513,750.00 (Certificate of <br />Deposit No. 7574, First National Bank in Grand Junction). <br />3. On August 15, 1981 the coal mining permit for the Arness and <br />McGriffin coal mine expired. <br />4. A reclamation plan was submitted by the Arness and McGriffin Coal <br />Company on February 16, 1988. <br />5. On April 13, 1988 the Division approved the reclamation plan. This <br />plan was to be implemented and completed by October 15, 1988. <br />6. On January 17, 1989 the Division made the determination that the <br />reclamation that was conducted at the mine in 1988 was not what was <br />approved in the reclamation plan and a formal public hearing was <br />scheduled for the purpose of requesting the Board declare the bond <br />as forfeited. <br />7. On April 27, 1989 the Mined Land Reclamation agreed with the <br />Division's recommendation and found that reclamation had not been <br />completed in accordance with the approved plan. <br />