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i.~ .. III IIIIIIIIIIIIIIII <br />999 <br /> <br />Dc C 1 ~ 1982 <br />MIMtp I_AP!0 f~rC'.~,14,q i'i0M <br />%olo. Dept. of i:'aiural ,Resosrces <br />r'jnj_a~_aEgMjT__-yS2?L <br />Permit data _December_13~ 199_? Permit No. C-048-81 <br />Permit expiration Cate December 13_, 1987 <br />Tr+IS PE~kIT i; issuetl Cy the Mined Land Reclamaticn <br />Division. Cepartment of faatural Resources, State of Cclorado. <br />~L,rjTaLS <br />I. Trinidad Basin Mining Inc_____ ("operator") o?sires tc <br />conauct, a mining operation kncwn as the Trinidad Basin Mine___ <br />----------- ------ <br />for the purpose of extracting Coal. <br />I I . On De~ember___l~___, 198 2 , the ,M i ned Land Reclamation <br />Division ("the division") apprcvec operator's application <br />for this permit, fixed the amount of bend and directed that <br />this permit be issued upon the filing with the tliviSiCn cf <br />bond in the amount so fixed in form and substance approved <br />by the division, antl such bona has been se furnished. <br />III. i7n October 1_______• lv8 2, the division made the fol- <br />lowing fintlinys: <br />a) The permit application is accurate and contains <br />all information required under i..R.S. 1973. 34-33-LC1 gs <br />~~~. and regulations promulgated thereunder and that all <br />the requirements of article 33 of title 34r C.R.S. 1973 <br />("sucn article") for the issue of a permit have been cemplietl <br />with; <br />C) The applicant has demonstrated that reclamaticn <br />as required oy such article can be accomplished under the <br />reclamation plan contained ;n the permit application; <br />c) The assess.nent of the probably cumulative impact <br />of all anticipated mining in the area on the hycroldgic bal- <br />ance specified in section 34-33-110(2) (1) has been made oy <br />the division and the proGCSed cperation thereof has teen <br />designee to prevent material dart.age to hydrelogic balance <br />outside the permit area; <br />c) Granting the permit will not conflict with any <br />desiynacion decision issued pursuant LC section 522 of the <br />federal "surface ~4ininy Concrcl and Reclamaticn Act of 1977". <br />as amended, (P.L. 95-37)r nor is the area proposed to be <br />mines within an area under study for unsuitaCility Cesigna- <br />tion in an administrative proceetling commenced pursuant to <br />section 34-33-126 or section 522 cf said P.L. QS-87. <br />e) (I) Unless the prcposed operation was an cper- <br />ation which produced coal in commercial quantities in the <br />(I) The written consent of the surface owner to the <br />extraction of coal oy surface coal mining; or <br />(I:) A conveyance that expressly grants or reserves <br />the right t0 extract the coal cy SarfaCe COdI mining. Or. <br />if the conveyance does not expressly grant the right to <br />ex*_ract coal by surface coal mining, other le,al documenta- <br />tion supporting applicant's right of entry in accordance <br />with state law. (r+otning in the permit shall be ccnstrued <br />as an adjudication of any prcperty right.) <br />y) Subaect to valid rights existing as of August <br />3. 1977, and with the further exception of those surface <br />coal mining operations which wer2 in existence on August 3• <br />1977, the application: <br />