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GENERAL50539
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Last modified
8/24/2016 8:37:09 PM
Creation date
11/23/2007 6:03:19 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980002
IBM Index Class Name
General Documents
Doc Date
4/2/1987
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN1
Permit Index Doc Type
FINDINGS
Media Type
D
Archive
No
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<br />FINDINGS OF THE <br /> <br />COLORADO MINED LAND RECLAMATION DIVISION <br />FOR <br />OHIO CREEK COAL MINE N0. 2 <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, the Division or the Mined Land Reclamation <br />Board must make specific written findings prior to the re-issuance or <br />substantial modification of a permit. These findings are based on information <br />made available to the Division that demonstrat:s that the applicant has and <br />will be able to operate in compliance with the Colorado Surface Coal Mining <br />Reclamation Act and the regulations promulgated pursuant to the Act. <br />This findings document is organized accordino_ to the major disciplines <br />reviewed during the permit renewal process. The written findings which must <br />be made by the Division are addressed under the appropriate discipline title. <br />Any specific approvals required to be made by the Division pursuant to Rule 4 <br />and thus requiring a written finding pursuant to Rule 2.07.6(2)(m) are <br />discussed under the appropriate discipline subtitle, <br />1, Financial and Compliance Information - Ruie 2.03, 7_. 07.6(2 )(f <br />Legal, financial, and compliance information .can be found on pages 1 through 6 <br />of the renewal application. <br />During the initial 5-year pemit term, the permit was transferred to Sylvia <br />McCormick under the Succession of Operator process on t4arch 7, 1983. <br />Subsequently, by court order, Randy Hobbs was appointed Receiver for O.C. <br />Coal, Inc. and through a similar action he was assigned as permittee on June <br />4, 1984. Henry and Opal 'Heaver have initiated an action to transfer the <br />permit back to them as a determination was made by Gunnison District Court <br />Judge Robert A. Brown on Juiy 14, 1985 that Randy Hobbs no longer has <br />authority to act as Receiver. Transfer of the permit was completed on <br />March 3l, 1987. <br />The private mineral estate will not be severed from the surface estate by this <br />operation. Therefore, the documentation required by Rule 2.03.5(2) is not <br />required and the written finding required by Rule 2.07.6(2)(f) is not <br />applicable. <br />On the basis of evidence submitted by the applicant and pursuant to Rule <br />2.07.6(2)(8), the Division finds that Henry L. and Opal 'Heaver do not own or <br />control any operations which are currently in violation of any law, rule or <br />regulation of the United States, or any State law, rule or regulation or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act. <br />-6- <br />
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