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<br /> <br />-2- <br />Two requests for a formal hearing regarding the Eagle No. 9 Mine decision <br />document were received by the Division. These were submitted by Axial Basin <br />Ranch Company on April 27, 1984 and Rebecca Love Korlis who represents <br />W.F. Simpson on May 7, 1984. Both parties have an interest in lands within <br />the Eagle No. 9 permit boundary and alleged that Empire Energy Corporation <br />does not have the legal right to enter. <br />The Division had made positive findings of compliance regarding the <br />Right-of-Entry information. Specifically, Rule 2.03.6(3) requires the <br />applicant to describe the documents which legally allows them to enter and <br />begin surface coal mining operations. In Appendix II-1 of the permit <br />application (C-044-81) Empire submitted an "Indenture of Lease of Sublease" <br />which included the lands in questions. The Division accepted this as an <br />adequate description to fulfill the requirements of Rule 2.03.6 (1). <br />A formal hearing before the Board was held on May 24, ]984. <br />BOARD DECISION <br />Upon formal motion and majority vote, in accordance with C.R.S., 34-33-119(5), <br />the Board hereby affirms the Division's proposed decision document of April 9, <br />1994 but on]y so as to allow surface operations including maintenance, <br />reclamation and other ancillary operations, on all lands that are not <br />contested. As to those lands which are contested, the Board will stay a <br />decision until the July Board meeting to allow the parties to seek further <br />resolution in other forums. The Board orders the Division to issue the Eagle <br />No. 9 permit with the following stipulation. <br />NO EXTRAC7ION OF COAL SHALL OCCUR IN THE CONTESTED IANDS OF THE <br />EAGLE N0. 9 MINE UNTIL THE MINED LAND RECLAMATION BOARD MAKES A FINAL <br />DECISION CONCERNING EMPIRE ENERGY CORPORATION'S RIGHT OF ENTRY ONTO <br />CONTESTED LANDS (AS DESCRIBED IN EXHIBIT A). EMPIRE ENERGY CORPORATION <br />IS REQUIRED TO CONDUCT MAINTENANCE, RECLAMATION AND OTHER ANCILLARY <br />OPERATIONS AT THE EAGLE N0. 9 MINE AS DESCRIBED IN PERMIT APPLICATION <br />C-044-81. <br />MINED LAND RECLAMATION BOARD <br />Date: ~ 6 ~ ~r~ <br />Dick ee Hu ingh st, Chairman <br />