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GENERAL55931
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Last modified
8/24/2016 8:40:53 PM
Creation date
11/23/2007 10:56:49 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981032
IBM Index Class Name
General Documents
Doc Date
1/20/1998
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR SL2
From
Partial Phase II & Full Phase III
Permit Index Doc Type
Findings
Media Type
D
Archive
No
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the Division, or, in this case, by February 9, 1998. Prior to the adjudicatory hearing, the Board shall <br />give reasonable notice to all interested parties of the time and place of the hearing and shall publish the <br />date, time, and location of such hearing in a newspaper of general circulation in the locality of the <br />surface coal mining operation for two consecutive weeks after receipt of a request for hearing and twice <br />a week for two consecutive weeks before the hearing. In addition, the Board shall place notice of such <br />hearing in its monthly mailing under 1.03.2(2). The Board shall hold an adjudicatory hearing on the <br />proposed decision of the Division within thirty (30) days of the receipt of any written request for such <br />hearing and shall render a written decision affirming or reversing, in whole or in part, the decision of <br />the Division within thirty (30) days following the conclusion of the adjudicatory hearing. The hearing <br />shall be held in the locality of the permit area, or the State capitol, at the option of the objector. <br />The adjudicatory hearing on the proposed decision of the Division shall be conducted pursuant to <br />24-4-105, C.R.S. For the purpose of such hearing, the Board shall have the authority and is <br />empowered to administer oaths, subpoena witnesses or written or printed materials, compel the <br />attendance of witnesses and production of the materials, and take evidence, including, but not limited <br />to, inspections of the land affected and other surface coal mining operations carried on by the permittee <br />in the general vicinity. A verbatim record of each adjudicatory hearing required by this Rule shall be <br />made and a transcript made available on the request of any party to such hearing or by order of the <br />Board. While the decision of the Board will be final, denial shall not preclude resubmission of an <br />application for bond release. <br />J. Rule 3.03.3(1) Termination of Jurisdiction <br />The Division may terminate its jurisdiction over the reclaimed site of a completed surface coal mining <br />and reclamation operation, or increment thereof, upon its determination in writing that all requirements <br />of these Rules and the Act have been successfully completed and where a performance bond was <br />required, the Division has made a final decision in accordance with Rule 3.03 to release the <br />performance bond fully. <br />The Division of Minerals and Geology intends to terminate its jurisdiction over the Meeker Area <br />Mines, Permit C-81-032, as of the date of the final decision. The Meeker Area Mines is a reclaimed <br />site of a completed surface coal mining and reclamation operation. All requirements of the Rules and <br />the Act have been successfully completed. A performance bond was required, and the Division has <br />made a proposed decision in accordance with Rule 3.03 to release the performance bond fully. <br />K. Rule 3.03.3(2) Reassertion of Jurisdiction <br />The Division shall reassert jurisdiction over a site as referenced in 3.03.3(1) if it is demonstrated that <br />the bond release or written determination referenced in 3.03.3(1) was based upon fraud, collusion, or <br />misrepresentation of a material fact. <br />13 20 January 1998 <br />
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