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• <br /> ^ III IIIIIIIIII <br /> IIIIII <br />Mined Land Reclamation Board <br />Department of Natural Resources <br />State of Colorado <br />In the Matter of: <br />Sun Coal Company <br />Meadows No. 1 Mine <br />Bond Release Application <br />)Affirmation in part <br />)of the Mined Land <br />)Reclamation Division's <br />)Decision to Grant <br />)Partial Release of <br />Bond Held for <br />Permit No. C-029-81 <br />uhe.Gdow° <br />This matter was presented at a hearing before the Mined Land Reclamation Board <br />(hereinafter "Board") on May 22, 1986 in response to separate requests for a <br />Formal Hearing filed by Sun Coal Company and Mr. John A. Eilts (landowner) <br />pursuant to the Colorado Surface Coal Mining Reclamation Act, Section <br />34-33-101 et seq. The requests fora formal hearing were submitted in <br />response toTpublication of a proposed decision by the Mined Land <br />Reclamation Division (hereinafter "Division") to approve in part an <br />application for bond release. <br />Board members Dickey Lee Hullinghorst, Bob Formwalt, David Getches, and <br />Terry O'Connor were present. Chairperson Dickey Lee Hullinghorst presided <br />over the hearing. The hearing held by the Board was adjudicatory in nature, <br />as required by CRS, Section 34-33-125(5) and Section 24-4-105 of the State <br />Administrative Procedures Act. <br />Pursuant to the authority vested in the Mined Land Reclamation Board by CRS <br />34-32-125(5) and Rule 303.2(6) of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, the Board hereby makes the following <br />findings of fact and conclusions of law. <br />Findings of Fact <br />1. Sun Coal Company submitted an application for bond release for the pit <br />area on February 8, 1985 and an application for bond release for the <br />haul road on July 11, 1985 pursuant to Section 34-33-125(1), CRS 1973. <br />The applications requested approximately 90 percent release of the bond <br />held for these areas. <br />2. A proposed decision was issued by the Division on February 21, 1986 to <br />grant 60 percent release of the bond portion applicable to the pit <br />area, and 0 percent release of the bond portion applicable to the haul <br />road. <br />3. Objections to the proposed decision were filed by Sun Coal Company on <br />March 19, 1986, and by John Eilts on March 11, 1986. A Board hearing <br />was requested. <br />4. At the Board's formal hearing on April 24, 1986 the matter was <br />continued due to a lack of specificity in the hearing requests of both <br />Sun Coal and John Eilts. <br />