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"' - 999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: FINDINGS OF FACT <br />Ad,iudicatorv Hearing Concerning ) CONCLUSIONS OF LAW <br />Proposed Decision to Release Bond ) AND BOARD ORDER <br />for the Haul Road at the Meadows ) <br />#1 Mine ) <br />File C-81-029 1 <br />A hearing, after proper notice, was conducted by the Colorado Mined Land <br />Reclamation Board ("Board") on February 22, 1989, in Room 220 of the <br />Centennial Building at 1313 Sherman Street, Denver, Colorado to consider <br />objections to the Colorado Mined Land Reclamation Division's ("Division") <br />proposed decision to entirely release the bond for the haul road at the <br />Meadows #1 Mine. <br />A quorum of the Board: Margaret Winter, Chris Jouflas (Chairman), <br />Davis C. Holder, Terrance O'Connor, and Michael Entz was present during the <br />entire hearing and participated in deliberation and voting on this matter. <br />Luke J. Danielson was present during a portion of the hearing but was excused <br />before its conclusion, The hearing was held in accordance with <br />C.R.S. 34-33-125 (6) and (7) and 2 CCR 407-2, Rule 3.03.2. A taped transcript <br />was made of the hearing, Pursuant to the authority vested in the Board by <br />C.R.S. 34-33-125 and 2 CCR 407-2, Rule 3.03.2, the Board he rebv makes the <br />following Findings of Fact, Conclusions of Law and Board Order. <br />FINDINGS OF FACT <br />Sun Coal Company operated a surface coal mine known as the Meadows <br />#1 Mine, The mine is located in Section 11, 14, 23, 24, 26, T6N, <br />R78W of the 6th P, M. in Routt County. <br />A part of the surface coal mining operation was a haul road <br />approximately 3 miles long, <br />Sun Coal Compan.v developed an adequate reclamation plan for the <br />haul road and had this plan approved as part of the permanent <br />program permit on August 9, 1983, <br />4, The haul road reclamation plan was revised by a technical revision <br />which was submitted in August, 1983 and approved by the Board on <br />July 26, 1984, This revision changed the post-mining land use, and <br />provided for retention of the road as a permanent structure, at the <br />request of the landowner Mr. John A. Eilts. The revision also <br />detailed how the road was to he decommissioned in order to effect <br />final reclamation, <br />