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GENERAL31970
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Last modified
8/24/2016 7:54:48 PM
Creation date
11/23/2007 7:09:13 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981037
IBM Index Class Name
General Documents
Doc Date
2/21/1992
Doc Name
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECLARATORY ORDER
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
Archive
No
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FEB cl "?2 13~ 37 COLOF.a6V DEFT GF LNId 373-8E~E~E»1 <br />• • <br />F.3i5 <br />Financial Warranty, in the amount of $143,000.00 drawn on Insur- <br />ance Company of America ("ICA"), were limited to the West Pit a- <br />rea. The FTe3t-Pit a-*-°~ ~ ha•~'n-_-'•:.a..... r' .~"~ 2 <br />.andrs-w' , , <br />3. The permit covers a permit area of 720 acres, of <br />which the Section 24 and the West Pit area are only portions. <br />~~4.,!HWC ub a tly a ed in s ace coo i ing d~ <br />reclam$xYOn ope ions 'n Wes Pit-area <br />v 5. AWC is an "operator" of the West Pit area as that <br />term is defined at § 34-33-103(14), C.R.S. (1964). <br />6. In February 1984 the Board revoked the permit but au- <br />thorized GEC and HWC to perform reclamation instead of forfeiting <br />the performance bonds. <br />7. In December 1985 HWC requested Phase I bond release <br />for a portion of the West Pit area. By filing such request pur- <br />suant to $ 34-33-125(1), C.R.S. (1984), HWC was acting as the <br />permittee of the West Pit area. At the time of the request, ade- <br />quate backfilling, regrading and drainage control in the West Pit <br />area had been performed to justify Phase I bond release for that <br />area. However, such reclamation activities had not been com- <br />pleted in the other areas covered by the permit. Because the <br />Financial Warranty drawn on ICA was limited to the West Pit area, <br />the Board granted the request and reduced the amount of the per- <br />formance bond to $57,200.00. The Hoard still holds a bond in <br />such amount on the West Pit area. <br />8. With respect to the West Pit area, Corley is request- <br />ing that the Board make a determination of the following matters: <br />a. whether or not the West Pit area has been, or <br />should be, subject to regular inspections by the Division; <br />b. whether the Weat Pit is subject to a recla- <br />mation plan; <br />rea; <br />c, the scope of the boundaries of the West Pit a- <br />d. whether the area affected by underground mining <br />activities have been backfilled and graded in accordance with the <br />approved time schedule as required by Rule 4.14.1(d); <br />e. Whether HWC is required to maintain adequate <br />-2- <br />
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