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- 2 - <br />5. At the Board's formal hearing on May 22, 1986, the Division's proposed <br />decision was presented to the Board. <br />6. The Board affirmed the Division's decision to release 60 percent of the <br />bond applicable to the pit area. Discussion of the bond release <br />request for the haul road was continued to the August, 1986 Board <br />hearing. <br />7. At the Board's formal hearing on August 28, 1986 the Division presented <br />an amended proposed decision to the Board. This amendment proposed a <br />bond release of $745,340.00 applicable to the haul road. <br />8. The Mined Land Reclamation Division has found that Sun Coal Company has <br />provided sufficient evidence to indicate that the haul road <br />configuration is stable. Substantiation for this finding is provided <br />by geotechnical reports, certifications by registered professional <br />engineers, and on-site inspections by Division staff. <br />9. Mr. John A. Eilts raised the following issues at the hearing: <br />a) Continued instability of the slide area adjacent to the Eilts oil <br />well. <br />b) Hazardous road surface conditions <br />c) Erosion on his property <br />d) Access to his property <br />10. The Board finds that with respect to the above issues, the Board's <br />decision adequately addresses the requirements of the applicable <br />regulations and approved reclamation plan. <br />Decision <br />Upon formal motion and by unanimous vote, the Board hereby affirms the <br />decision of the Division to release $745,340.00 of the bond applicable to the <br />haul road, based on Sun Coal Company's demonstration of the haul road <br />stability. Of the total bond of $574, 388 retained by the Board and <br />applicable to the entire permit area, $270,000.00 is allocated to the haul <br />road and $304,388.00 to the pit area. <br />The Board's decision is based on a finding that the operation has complied <br />with all of the applicable requirements of the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 1978, 34-33-101 et seq. and the Rules promulgated <br />thereunder. <br />Dated and effective this ~~p day of 1986. <br />(Mined Land Reclamation Board) <br />ee e , Uat r r.at~~ <br />/dl m l <br />3266E <br />