Laserfiche WebLink
,~ 1 III III III III IIII III <br />~~~~~~~~ <br />State of Colorado OCT ~ )~~ <br />Mined Land Reclamation Board MINED LAND <br />Department of Natural Resources RECLAMATION DIVISION <br />In the matter of: ] Findings of Fact <br />Show Cause Order Issued ] Conclusions of Law <br />to American Fuels, Inc. ] and Board Order <br />File No. C-031-81 <br />This matter was presented in a hearing, after proper notice, before the <br />Colorado Mined Land Reclamation Board ("Board") on September 26, 1985, in Room <br />110 of the Centennial Building, 1313 Sherman Street, Denver, Colorado. The <br />Board conducted the hearing to consider action on an Order to Show Cause Why a <br />Permit Should Not be Suspended or Revoked issued to American Fuels, Inc. by <br />the Colorado Mined Land Reclamation Division ("Division "). <br />A quorum of the Board: Terrance O'Connor (Acting Chairman), Davis C. Holder, <br />Sherman Blach, and Lee Campbell was present during the entire hearing and <br />participated in deliberation and voting on the matter. The hearing was held <br />in accordance with C.R.S. 34-33-124(4) and 2 CCR 407-2, Rule 5.03.5. A taped <br />transcript was made of the hearing. Pursuant to the authority vested in the <br />Board by C.R.S. 34-33-124(4) and 2 CCR 407-2, Rule 5.03.5, the Board hereby <br />makes the following Findings of Fact, Conclusions of Law and Board Order. <br />Findings of Fact <br />1. American Fuels, Inc. owns and operates a surface coal mine known as the <br />New Pryor Strip Mine. The mine is located in Section 19, T29S, R65W of <br />the 6th P.M. in Huerfano County. <br />2. Following a hearing held on July 25, 1985, the permit was suspended for a <br />period of 30 days, and the issue of whether the permit should be further <br />suspended or permanently revoked was continued to the next meeting of the <br />Mined Land Reclamation Board. Paragraphs 1 through 18 of the Board's <br />Findings of Fact in this matter, issued on August 2, 1985, are <br />incorporated herein by reference a5 if set forth in full. <br />3. Following the continuance of the hearing, held on August 22, 1985, the <br />permit was again suspended for an additional 30 days and the reclamation <br />bond no. 0097278 was forfeited. Paragraphs 3 through 6 of the Board's <br />Findings of Fact in this matter, issued on September 20, 1985, are <br />incorporated herein by reference as if set forth in full. <br />4. On September 26, 1985 the Board held the continued hearing on this <br />matter. The Board was informed that since the August Board Meeting, <br />American Fuels, Inc. had not performed any reclamation at the permitted <br />site, had failed to submit any additional bond and had not paid civil <br />penalties assessed against it. The Board was also informed that American <br />Fuels, Inc. had represented to the Division that it was continuing to <br />pursue new financing which would enable it to provide additional bond, <br />pay outstanding civil penalties, and commence reclamation at the site. <br />