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<br />Conclusions of Law <br />Pursuant to the authority vested in the State of Colorado Mined <br />Land Reclamation Board by C.R.S. 34-33-124(4), and Rules 3.04.1(4), <br />5.01.3(2)(a), 5.03.3(3), and 5.03.5(4)(c), and based upon the <br />preceding Findings of Fact, the Board hereby concludes the <br />following: <br />1. The DMG appropriately issued NOV C-95-025 and CO C-95-028. <br />2. Pursuant to C.R.S. 34-33-124(4) and Rule 5.03.3(5), Permit No. <br />C-80-002 is subject to revocation. <br />3. During the January 24, 1996 Board hearing, the permittee did <br />not present evidence sufficient to prohibit revocation of <br />Permit No. C-80-002. <br />4. Pursuant to C.R.S. 34-33-124(4), and Rules 3.04.1(1) and <br />5.03.3(4), the $36,000 bond posted for Permit No. C-80-002 is <br />subject to forfeiture upon revocation of Permit No. C-80-002. <br />Board Order <br />Pursuant to the authority vested in the State of Colorado Mined <br />Land Reclamation Board by C.R.S. 34-33-124(4), Rules 3.04, <br />5.01.3(2)(a), 5.03.3(3), and 5.03.5(4)(c), the Board hereby orders <br />the following: <br />1. Permit No. C-80-002 issued to Robert and Elizabeth Weaver for <br />the O.C. No. 2 Mine is revoked. <br />2. The $36,000 bond posted for Permit No. C-80-002 is forfeited, <br />and the DMG shall use the forfeited bond to complete <br />reclamation at the O.C. No. 2 Mine. <br />In clarification of the rights of recipients of Board Orders for <br />permit revocation and bond forfeiture, parties are advised to <br />consult the Colorado Surface Coal Mining Reclamation Act and the <br />State Administrative Procedures Act. Persons concerned with <br />judicial review of this document are advised to consult C.R.S. 24- <br />4-106. <br />Dated at Denver this ~ / day of FCEi 1996 <br />Mined Land Reclamation Board; Colorado Department of Natural <br />Resources <br />Ira J. Pa li Chairman Mined Land Reclamation Board <br />