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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FILE C-84-065 -------------------------------------- FINDINGS OF FACT, CONCLUSION OF LAW, AND BOARD ORDER ------------------------------------------------------------------- IN THE MATTER OF AN OBJECTION TO THE DIVISION'S PROPOSED DECISION TO APPROVE TECHNICAL REVISION NO. 9 TO THE NEW CASTLE MINE PERMIT (NO. C-84-065) ------------------------------------------------------------------- This matter comes before the Colorado Mined Land Reclamation Board ("the Board") on February 27, 1992 in Room 318 of the Centennial Building at 1313 Sherman Street, Denver, Colorado upon a request by Mr. Greg McKennis for a formal hearing to consider an objection to the Mined Land Reclamation Division's ("the Division") proposed decision to approve a technical revision to the New Castle Mine, which is permitted by NCIG Financial Inc. ("NCIG"). The hearing was held pursuant to the Colorado Surface Coal Mining Act, Section 34-32-101 et seq. Board members James Cooley, Joseph Danni and Maxine Stewart were present. Chairperson Luke Danielson presided over the hearing. The hearing was held in accordance with C.R.S. 34-33-116(5) and Rule 2.08.4(5)(b)(ii) of the Regulations of the Colorado Mined Land Reclamation Board. FINDINGS OF FACT 1. NCIG filed complete copies of an application for technical revision number 9 ("TR-09") at the Division office and in the Garfield County courthouse in accordance with Rule 2.08.4(5). 2. All of the information required by Rule 2.08.4(4) for permit revision applications was on file for public review at the Garfield County courthouse and at the Division office during the review period in accordance with Rule 2.08.4(5). 3. The Division followed the procedures for review of TR-09 as required by Rule 2.08.4(5) during the public comment period and when it issued its proposed decision to approve TR-09.