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ti l• <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />Request for Formal Public Hearing <br />American Shield Coal Company <br />Fruita Mine, File #C-81-015 <br />Findings of Fact, Conclusions <br />of Law and Boazd Order <br />This matter was presented in a formal public hearing after proper notice before the <br />Colorado Mined Land Reclamation Boazd ("Boazd") on October 18, 1990 at the Centennial <br />Building 1313 Sherman Street Denver, Colorado. The Board conducted the hearing upon <br />the request of Mr. Alfred Hoyl who is or may be adversely affected by the issuance of <br />Nonce of Violation C-90.030. <br />The Hearing was held in accordance with C.R.S. 34-33-124(1) and 2 CCR 407-2 Rule <br />5.03.5. A taped transcrippt was made of the hearingg. Pursuant the authority vested in <br />the Boazd by C.R.S. 34-33-124(1) and 2 CCR 407-2, Rule 5.03.5, the Boazd hereby makes <br />the following Findings of Fact, Conclusions of Law and Board Order. <br />FINDINGS OF FACT <br />1. The interim permit issued to the Fruita Mine (Permit # 79-60 ug/c) has expired. <br />All attempts to permit this mine under the permanent program have been unsuccessful <br />and this mine has remained unpermitted for the past 10 years. <br />2. American Shield Coal Company is responsible for reclaiming the Fruita Mine. <br />Currently the Fruita Mine is bonded for $141,000 and the Division has calculated that <br />it would cost the Division $90,000 to do the reclamation. <br />3. The Division approved a reclamation plan for the Fruita Mine February 22, 1990. <br />This reclamation plan set a reclamation schedule that American Shield did not meet. <br />This plan as approved, required American Shield to complete reclamation by June 4, <br />1990. <br />4. NOV C-90-030 was issued to American Shield July 26, 1990 for failure to reclaim <br />upon permanent closure and for not implementing the approved reclamation plan. <br />5. The abatement for this violation is to commit to a new reclamation schedule and to <br />complete backfilling and grading by November 23, 1990. <br />6. American Shield signed a lease agreement February 8, 1989 conveying all rights to <br />the surface of the Fruita Mine to Mr. Donald Wilde and Mr. Alfred Hoyl. In this <br />a~eement American Shield specifically reserved the right to complete the reclamation <br />of the mine. <br />7. Mr. Hoyl owns several Federal coal leases adjacent to the Fruita Mine. These <br />leases expae in December of 1991. Mr. Hoyl must show due diligence on these leases <br />by July 1991 in order to have the right of renewal. Due diligence may be proven by <br />mmmg a percentage of the coal. <br />