GENERAL55604

• Permit No: C1981029
• IBM Index Class Name: General Documents
• Doc Date: 8/28/1986
• Doc Name: Findings of the Final Decision of the MLRD for SL1
• From: Phase I on the Haul Road
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

Mined Land Reclamation Board
Department of Natural Resources
State of Colorado
In the Matter of:
Sun Coal Company
Meadows No. 1 Mine
Bond Release Application
)Affirmation in full
)of the Mined Land
)Reclamation Division's
)Decision to Grant
)Partial Release of
Bond Held for
Permit No. C-81-029
This matter was presented at a hearing before the Mined Land Reclamation Board
(hereinafter "Board") on August 28, 1986 in response to separate requests for
a Formal Hearing filed by Sun Coal Company and Mr. John A. Eilts (landowner)
pursuant to the Colorado Surface Coal Mining Reclamation Act, Section
34-33-101 et seq. The requests for a formal hearing were submitted in
response tom publication of a proposed decision by the Mined Land
Reclamation Division (hereinafter "Division") to approve in part an
application for bond release for the Meadows No. 1 Mine. Attached is a brief
chronology and synopsis of the bond release process leading up to this finding.
Board mertbers Lee Campbell, Dickey Lee Hullinghorst, Bob Formwalt, Margaret
Winter, and Terry O'Connor were present. Chairperson Lee Campbell presided
over the hearing. The hearing held by the Board was adjudicatory in nature,
as required by C.R.S., Section 34-33-125(5) and Section 24-4-105 of the State
Administrative Procedures Act.
Pursuant to the authority vested in the Mined Land Reclamation Board by
C.R.S. 34-32-125(5) and Rule 3.03.2(6) of the Regulations of the Colorado
Mined Land Reclamation Board for Coal Mining, the Board hereby makes the
following findings of fact and conclusions of law.
Finding of Fact
1. Sun Coal Company submitted an application for bond release for the pit
area on February 8, 1985 and an application for bond release for the
haul road on July 11, 1985 pursuant to Section 34-33-125(1),
C.R.S. 1973. The applications requested approximately 90 percent
release of the bond held for these areas.
2. A proposed decision was issued by the Division on February 21, 1986 to
grant 60 percent release of the bond portion applicable to the pit
area, and 0 percent release of the bond portion applicable to the haul
road.
3. Objections to the proposed decision were filed by Sun Coal Company on
March 19, 1986 and by John Eilts on March 11, 1986. A Board hearing
was requested.
4. At the Board's formal hearing on April 24, 1986 the matter was
continued due to a lack of specificity in the hearing requests of both
Sun Coal and John Eilts.