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FEB 21 _+c L~~db ~_UL~J1-'HPV UEF'T VF LH41 _i~J.~-.ir,6~~~JkJ1 <br />• • <br />r.ai5 <br />hydrologic cohtrols so as to discharge water from areas disturbed <br />by coal mining and reclamation operations in compliance with the <br />Colorado Water Quality Control Act as required by Rule 4.05.2(7); <br />and <br />f. whether HWC should be required to obtain d <br />permit for the West Pit area. <br />that: <br />9. The evidence demonstrates, and the Board concludes; <br />a. the Division has conducted regular inspections <br />of the West Pit area since 1986 and shall continue to do so; <br />b. the West Pit area is subject to the approved <br />reclamation plan as modified by the Hoard order entered on Octo- <br />ber 25, 1984; <br />c, the West Pit area boundaries are as described <br />in Exhibit A to the Financial Warranty submitted by AWC, such <br />boundaries should be surveyed and marked by IiWC; <br />d. HW as failed to grade ~e area kno~n~a~ <br />Stockp: No. 2 i accordance with the schedule appr6ved~by the <br />Hoafr, in Octob 1984; <br />e. HWC is required to maintain the West Pit area <br />in compliance with all regulatory requirements, including the <br />requirement to maintain compliance with the Water Quality Control <br />Act; and <br />f. HWC is not required to obtain a permit for the <br />West Pit area since it is already obligated, as the operator, to <br />comply with all Statutory and regulatory requirements, as well as <br />the terms of Permit No. C-037-81, applicable to the West Pit a- <br />rea, <br />10. Corley is also asking for a declaratory order <br />requiring the Division to commence immediate reclamation of the <br />area known as Section 24. <br />11. Section 24 is only a portion of the total area for <br />which the Board is seeking a determination from the Fremont <br />County District Court of GEC's outstanding reclamation obli- <br />gation. Because that action is still pending, the Hoard cannot <br />now determine the total amount of funds that will ultimately be <br />available to the Board to perform reclamation at the GEC site. <br />-3- <br />