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.. - . iiiiiiiiiiiumiii <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) <br />COLORADO COAL MINING COMPANY ) FINDINGS OF FACT, CONCLUSION OF <br />LAW, AND DECISION <br />COLORADO COAL MINE No. 1 ) <br />This matter was presented in a hearing before the Colorado Mined Land <br />Reclamation Board ("Board") on March 23, 1984, in Room 110 of the Centennial <br />Building, 1313 Sherman Street, Denver, Colorado. The Board conducted the <br />hearing to consider a Notice of Order to Pay Fixed Penalty issued to Colorado <br />Coal Mining Company on January 12, 1984. <br />A quorum of the Board was present during the entire hearing and participated <br />in deliberation and voting on the matter. Ms. Dickie Lee Hullinghorst, <br />Chairman of the Board, presided. Other Board members in attendance were <br />Sherman Blach, Davis C. Holder and Margaret Winter. The hearing was held in <br />accordance with C.R.S., 34-33-123(8)(f) and C.R.S., 24-4-105. A taped <br />transcript was made of the hearing. <br />Pursuant to the authority vested in the Board by C.R.S., 34-33-123(8)(f), the <br />Board hereby makes the following findings of fact and conclusions of law. <br />FINDINGS OF FACT <br />1) Colorado Coal Mining Company (GCMG) was issued interim permit <br />No. 80-59 on September 19, 1980. A performance bond in the amount of $226,000 <br />was provided by CCMC prior to permit issuance. <br />2) CCMC submitted a new application for the mine under the permanent <br />program pursuant to Section 34-33-109 C.R.S. The Division initiated review of <br />the application for compliance. <br />3) In November, 1981, CCMC informed the Division that it wished to open <br />a test pit under the authority of its interim permit. <br />4) The Division approved the activity in early 1982, after determining <br />that the $226,000 performance bond would sufficiently cover the proposed <br />disturbance. CCMC opened the pit in May, 1982. <br />5) During the review of information (May to June, 1983), provided by <br />CCMC with its application for a permit for the larger scale operation, the <br />Division determined that the existing test pit disturbance was underbonded by <br />$87,420. The Division decided, in agreement with CCMC, to resolve the <br />deficiency through the normal written findings and proposed decision process. <br />