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e y <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />Formal Hearing Concerning the ) <br />Division's Recommendation that the ) <br />Application for Renewal of the Mining ) <br />Permit for the Hawk's Nest Mine be ) <br />Denied, Forfeiture of the Reclamation ) <br />Bond, and Payment of Civil Penalties. ) <br />File C-81-016 ) <br />FINDINGS OF FACT <br />CONCLUSIONS OF LAW <br />AND BOARD ORDER <br />These matters were presented in a hearing, after proper notice, before the <br />Colorado Mined Land Reclamation Board ("Board") on December 14, 1988, in <br />Room 220 of the Centennial Building at 1313 Sherman Street, Denver, Colorado. <br />fie Board conducted the hearing to consider the Colorado Mined Land <br />Reclamation Division's ("Division") recommendation that the application for <br />renewal of the Hawk's Nest Mine mining permit be denied. Also under <br />consideration was bond forfeiture and a Division request that the Board order <br />payment of outstanding civil penalties. <br />A quorum of the Board: Luke Danielson (Acting Chairman), Margaret Winter, <br />Davis C. Holder, Dennis Donald, and Michael Entz was present during the entire <br />hearing and participated in deliberation and voting on these matters. The <br />hearing was held in accordance with C.R.S. 34-33-125(6) and (7) and 2 CCR <br />407-2, Rule 3.03.2. A taped transcript was made of the hearing. Pursuant to <br />the authority vested in the Board by C.R.S. 34-33-125 and 2 CCR 407-2, <br />Rule 3.03.2, the Board hereby makes the following Findings of Fact, <br />Conclusions of Law and Board Order. <br />Findings of Fact <br />1. Western Slope Carbon, Inc. owns and operated an underground coal mine <br />known as the Hawk's Nest Mine. The mine is located in Sections 1, 2, 3, <br />4, 9, 10, 11, and 12, Township 13 S, Range 90 W of the 6th Prime Meridian <br />in Gunnison County. In addition there is a refuse disposal site for the <br />mine located in Section 28, Township 14 S, Range 92 W of the 6th Prime <br />Meridian in Delta County. <br />2. Western Slope Carbon, Inc. developed an adequate reclamation plan and <br />received approval for this plan from the Division on June 7, 1983 under <br />the permanent regulatory program. <br />