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III IIIIIIIIIIIII III
<br />999
<br />BOARD ORDER
<br />IN THE MATTER OF:
<br />Citizen Appeal of Proposed
<br />Decision to Approve Permit
<br />Renewal, Eastside Mine
<br />Permit C-84-063
<br />FINDINGS OF FACT
<br />CONCLUSIONS OF LAW
<br />AND BOARD ORDER
<br />This matter was presented in a formal public hearing, after proper notice,
<br />before the Colorado Mined Land Reclamation Board ("Board") on April 25, 1990,
<br />and continued to May 23, 1990, in Room 220 of the Centennial Building, 1313
<br />Sherman Street, Denver, Colorado. The Board conducted a hearing requested by
<br />Mr. Greg McKennis of New Castle, Colorado and Mr. Randy Corry of Silt,
<br />Colorado.
<br />Board members present were Dennis Donald, Chris Jouflas, Terrance Lee
<br />O'Connor, James Cooley and Catherine Kraeger-Rovey.
<br />The hearing was held in accordance with C.R.S. 34-33-119(5) and Rule 5.03.5.
<br />A taped transcript was made of the hearing. Pursuant to the authority vested
<br />in the Board by C.R.S. 34-33-124(2) and Rule 5.02.5, the Board hereby makes
<br />the following Findings of Fact, Conclusions of Law, and Board Order.
<br />FINDINGS OF FACT
<br />Eastside Coal Company, Inc. owns and operates an underground coal mine
<br />Y.nown as the Eastside Mine, located in parts of Township 5 South, Ranges
<br />91 and 92 West, the 6th Prime Meridian, in Garfield County, Colorado.
<br />2. On February 16, 1990, and February 23, 1990, the Division published a
<br />legal notice in the Glenwood Post, of its proposed decision to renew the
<br />mining and reclamation permit for the Eastside Mine. The decision was
<br />based on a Finding that the operation will comply with all requirements
<br />of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101, et
<br />seq., and the Regulations promulgated thereunder.
<br />3. On March 13, 1990, and within the 30-day public comment period for the
<br />permit renewal, the Division received a request for a formal public
<br />hearing from Mr. Greg McKennis of New Castle, Colorado. A second request
<br />was received on March 15, 1990 from Mr. Randy Corry of Silt, Colorado.
<br />Accordingly, a hearing was scheduled for the April Board meeting, and was
<br />held on April 25, 1990.
<br />4. The main issue discussed was whether Eastside Coal Company had complied
<br />with C.R.S. 34-33-110(2)(e) and Rule 2.03.4(2), Identification of
<br />Interests, by providing complete corporate information for Eastside Coal
<br />Company and its affiliates, Western Associated Energy Corporation and
<br />Abraxas Petroleum Cc,•poration. The information was not available for
<br />Abraxas Petroleum Corporation, and the hearing was continued until May
<br />pending its submittal. The required information was submitted to the
<br />Division on April 30, 1990, and and "Issue" recommendation was received
<br />from the Office of Surface Mining's Applicant Violator System on May 22,
<br />1990.
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