GENERAL34039

• Permit No: C1981023
• IBM Index Class Name: General Documents
• Doc Date: 11/23/1976
• Doc Name: DEVELOPMENT AND EXTRACTION MINING REPORT ‎(permit # 76-43)‎
• Permit Index Doc Type: PERMIT LEGAL DOCUMENT
• Media Type: D
• Archive: No

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STIPULATION AND AGREEMENT APPLICABLE TO
OPEN MINING LIFE OF THE MINE PERMIT N0. 76-43
ISSUED ON NOVEMBER 23, 1976, TO CHIMNEY ROCK COAL
1. Recitations
A. CHIMNEY ROCK COAL filed an application with the Colorado Mined Land
Reclamation Board (the Board) for a Limited Impact Permit on October
19, 1976.
B. On July 26, 1976, the Board decided not to adopt Emergency Rules and
Regulations for the 1976 Act, but to proceed to prepare, adopt, and
promulgate permanent rules and regulations. These rules and regulations
have not yet been adopted.
C. The Board approved the processing of applications provided that any permit
issued in connection with such applications would be expressly subject to
the terms of a stipulation such as that embodied herein.
D. On November 23, 1976, the Board held an evidentiary hearing with respect
to CHIMNEY ROCK COAL's application and on the same day, the Board approved
the issuance of an Open Mining Permit to CHIMNEY ROCK COAL, said permit
to be subject to the terms of this Stipulation and Agreement.
E. The Board and the Attorney General's Office have reviewed this Stipulation
and found it to be in compliance with the resolution adopted by the Board
at its July 26, 1976 meeting, and described in paragraph 'B' herein.
2. Agreements
CHIMNEY ROCK COAL agrees to comply with all rules and regulations to be adopted
as regulations by the Mined Land Reclamation Board pursuant to its authority under
Article 32 of Title 34, C.R.S. 1973, as amended (1976 Sess. Laws H.B. 1065) which
are not declared invalid, inapplicable, or unenforceable by statutory or court action,
as soon as possible, but not later than 180 days after the effective date of such
regulations. Pending the adoption of such rules and regulations, CHIMNEY ROCK COAL .
agrees to be bound by all of the provisions of the 1976 Mined Land Reclamation Act,
as well as the rules and regulations of the Mined Land Reclamation Board previously
adopted under the Colorado Open Mining Land Reclamation Act of 1973. Furthermore,
once the rules and regulations are adopted by the Board, CHIMNEY ROCK COAL agrees
that all documents it submits to comply with such rules and regulations will be
subject to full public review and that full opportunity will be given for a hearing
before the Board on the adequacy of the documents, if requested in writing by members
of the public. At such a hearing, the Board may reconsider further conditions to
this permit. In addition, during the course of mining operations, CHIMNEY ROCK
COAL shall not allow the total disturbed acreage to exceed 9.8 acres for the annual
extraction of mineral and overburden to exceed 70,000. Furthermore, if a change in
water use decree is warranted, CHIPfNEY ROCK COAL must apply for said change through
water rights court from agricultural to industrial use, with sufficient amounts of
water remaining to administer the revegetation portion of the reclamation plan.
Dated this day of December, 1976
MINED LAND RECLAMATION BOARD