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Proposed Decision <br />The Colorado Mined Land Reclamation Division is proposing to approve an <br />application for transfer of the mining permit for the Orchard Valley Mine. <br />The decision is based on findings of compliance required by the Colorado <br />Surface Coal Mining Reclamation Act, (SMRA) C.R.S. 34-33-101 et seq., the <br />Rules promulgated thereunder and acceptance by Cyprus Orchard Valley Coal <br />Corporation regarding faithful execution of outstanding concerns with the <br />State of Colorado. <br />The necessary findings of compliance follow: <br />Findings of Compliance <br />1. Information submitted in the transfer application pursuant to Rule 2.03.4 <br />is true and correct. <br />Standard inquiries were made pursuant to C.R.S. 34-22-114(3) to seven <br />government agencies during the transfer application review process. The <br />State of Pennsylvania was one respondant to these inquiries. They <br />indicated that an affiliated company, Emerald Mines, had outstanding <br />orders dated November 2, 1988 and January 18, 1989 which were in the <br />process of being satisfactorily resolved as per the laws of Pennsylvania. <br />A second respondant was the Office of Surface Mining Reclamation and <br />Enforcement. They indicated through the Applicant Violator System that <br />approximately 5500.00 in reclamation fees was owed under 30 C.F.R. <br />Chapter VII, Subchapter R. These fees have subsequently been paid. <br />Information submitted by Cyprus Orchard Valley Coal Corporation has <br />demonstrated an intent to comply with the requirements of 30 C.F.R., <br />Chapter VII, subchapter R, the Surface Coal Mining Reclamation Act, and <br />regulations promulgated pursuant to the Act. <br />Based on the above information, the Division finds that Cyprus Orchard <br />Valley Coal Corporation will conduct the operation of the Orchard Valley <br />Mine in accordance with the requirements of the Act and Regulations, and <br />the approved permit. <br />A replacement performance bond in the form <br />amount of 51,979,000.00 has been submitted <br />this bond is equivalent to the bond of the <br />8766E/scg <br />of a surety bond for the <br />and approved. The amount of <br />original permittee. <br /> <br />