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5. The bond requires American Fuels to reclaim the <br />permitted site, in accord with the permit, the Colorado Surface <br />Coal Mining Reclamation Act, and the "Rules and Regulations <br />for the Mining of Coal." The permittee has violated said <br />condition by failing to contemporaneously reclaim the permitted <br />site. <br />6. In order to fulfill the requirements of the permit, <br />it is necessary to have someone other than the permittee. <br />CONCLUSIONS OF LAW AND ORDER <br />The further suspension for one month of the permit <br />is warranted, on the grounds that the unwarranted failure to <br />comply with the Act and Regulations has continued. Pursuant <br />to C.R.S. sections 34-33-123(7), 34-33-124(4), and Rules 5.03 <br />and 5.03.5(3)(c) the permit is further suspended for 30 days. <br />Pursuant to Rule 3.04.1 the criteria for forefeiture <br />of the Bond No. 0097278 have been met, in that the permittee <br />has violated the terms of said bond and has failed to take <br />adequate corrective action, and has failed to conduct surface <br />and reclamation in accord with the requirements of the Act and <br />the Regulations. Based on the foregoing, the board hereby <br />declares Bond No. 0097278 forefeited in the amount of $58,073.00. <br />Appeal of this determination may be made pursuant to <br />section 34-33-128, C.R.S. <br />Signed this ~-C day of September, 1985, nunc Pro tunc <br />August 22, 1985. <br />FOR THE MINED LAND RECLAMATION <br />BOARD <br />~~N1 ~ L ~~~h/ <br />- 2 - <br />