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_ _;,: <br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND <br />IN THE MATTER OF NCIG FINANCIAL, INC. <br />PERMIT NO. C-84-065, PHASE I BOND RELEASE <br />COAL RIDGE NO. 1 MINE <br />------------------------------------------ <br />• ~II ~I~~I~~I~~~~~~I~ <br />sss <br />BOARD ORDER <br />THIS MATTER having come before the Mined Land Reclamation <br />Board ("the Board") on October 17, 1995, for hearing pursuant to <br />Section CRS 34-33-125(6), the Board hereby makes the following <br />Findings of Fact, Conclusions of Law, and Order: <br />FINDINGS OF FACT <br />1. This matter comes before the Board for review of the <br />Division of Minerals and Geology's ("Division") proposed decision <br />to deny NCIG Financial Inc.'s application for a Phase I bond <br />release for the above-cited permit. <br />2. NCIG Financial, Inc. submitted an application for a Phase <br />I bond release on January 31, 1995. The application was found <br />complete on April 3, 1995. <br />3. A Phase I bond release inspection was conducted by the <br />Division on April 28, 1995. At that time, the Division identified <br />several areas of the reclaimed mine site which required additional <br />reclamation work or where reclamation activities had not been <br />entirely successful. Those areas included: 1) removal of two <br />groundwater monitoring wells, 2) removal of a culvert, 3) disposal <br />of a pile of waste rock, 4) backfilling of a cutslope, <br />5) distribution of a topsoil stockpile, 6) repair of a slump over <br />one of the portals, and 7) stabilization of terrace outslopes which <br />exhibited a slump at the time of the bond release inspection. <br />4. On May 26, 1995, the Division proposed to deny the Phase <br />I bond release application on the basis that several of the <br />reclamation tasks approved in the reclamation plan for the permit <br />were not completed. A partial approval was not proposed, because <br />some of these items would require a revision to the permit. <br />Uncertainty as to how those items would be resolved led to the <br />inability, on the part of the Division, to accurately estimate <br />reclamation costs for those tasks. <br />In accordance with Rule 3.03.2(5)(a), notice of the proposed <br />decision was published on June 7 and 14, 1995 in a newspaper of <br />general circulation in the locality of the mining operation. <br />