REV94608

• Permit No: C1981039
• IBM Index Class Name: Revision
• Doc Date: 12/14/1989
• Doc Name: DECISION TO APRROVE A TR TO PERMIT C-81-039 SUBJECT TO MODIFICATIONS
• Type & Sequence: TR4
• Media Type: D
• Archive: No

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MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
STATE OF COLORADO
In The Matter Of:
Rockcastle Coal Company
Grassy Gap Mine
Mid-term Review
Affirmation of the Mined Land
Reclamation Division's Decision
to Approve a Technical Revision
to Permit C-81-039 Subject to
Modifications
This matter was presented at a hearing before the Mined Land Reclamation Board
(hereinafter "Board") on December 14, 1989, in response to a request for a Formal
Hearing, filed by Rockcastle Coal Company's counsel Mr. Mark Korb, pursuant to the
Colorado Surface Coal Mining Reclamation Act, Section 34-32-101 et seq. The request
for a formal hearing was submitted in response to the publication o~ a proposed
decision by the Mined Land Reclamation Division (hereinafter "Division") to approve
a technical revision.
Board members Dennis W. Donald, Michael Entz, Catherine Krager-Rovey,
James B. Cooley, Chris P. Jouflas and Terrance Lee O'Connor were present,
Chairperson Terrance Lee O'Connor presided over the hearing. The hearing held by
the Board was adjudicatory in nature, as required by C.R.S. 1973,
Section 34-33-119(5) and Section 24-4-105 of the State Administrative Procedures Act.
Pursuant to the authority vested in the Mined Land Reclamation Board by C.R.S. 1973,
34-32-119(5) and Rule 2.07.4 of the Regulations of the Colorado Mined Land
Reclamation Board far Coal Mining, the Board hereby makes the following findings of
fact and conclusions of law.
Findings of Fact
1. The tAined Land Reclamation Division issued a Mid-Term Review, less the
reclamation bond assessment on September 8, 1987, pursuant to the Colorado
Surface Coal tdining Reclamation Act, Section 34-33-115(3).
2. The Mined Land Reclamation Division issued, as a part of the continuing
mid-term review process, a bond estimate of $778,350 on December 16, 1988.
This estimate was revised to $748,787 on May 8, 1989, to reflect a modified
fleet and material weight.
3. On July 8, 1989 the Division proposed a decision to approve, with three
stipulations, the Technical revision which addressed the Mid-Term Review.
4. On July 24, 1989, Rockcastle Coal Company, through counsel Mark Korb, objected
to the stipulations and requested a Formal Public Hearing.
5. Rockcastle Coa] Company, through counsel Dean Massey, and the Division's
representatives, Susan Mowry and Cathy Begej, negotiated a compromise
reclamation bond amount of $572,000 on October 31, 1989.