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~~ <br />Findings of Fact <br />7. (Revised) The Rockcastle Coal Company, through counsel Dean Massey, ack- <br />nowledged that no renewal application had been filed, and accordingly, did not <br />contest the Board's finding regarding permit renewal. <br />Conclusions of Law <br />Rockcastle Coal Company's permit expired on April 23, 1990, pursuant to C.R.S. <br />34-33-109 and 34-33-124(4). <br />2. (Revised) Rockcastle Coal Company has not submitted a renewal application for <br />Mining Permit No. C-81-039 as required by C.R.S. 343-109Q). <br />3. (Delete) <br />Board Order <br />(Revised) <br />The Board finds that there was no permit renewal application filed by Rockcastle and <br />accordingly, there is no currently effective permit for the site. Therefore, the Board hereby <br />places Rockcastle in an Alternative Enforcement mode and orders the Division to defer <br />further enforcement action on the December 14, 1989, Board Order and abatement for <br />Notices of Volation Nos. C-89-034 and C-90-007 pending further Board action or <br />finalization of a compliance schedule. The Board hereby directs the Division and <br />Rockcastle to proceed with negotiations on a compliance schedule to effect reclamation <br />at the site. Mr. Terrence Lee O'Connor is appointed to review a compliance schedule, <br />should lt become finalized prior to the June, 1990, Board Meeting. The compliance <br />schedule will incorporate resolution of the above issues and be finalized by the June <br />Board meeting or bond forfeiture will be considered. <br />