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<br /> <br />STIPULATION AND AGi;EEMENT APPLICABLE TO <br />OPEN MINING LIFE OF THE MINF. PERPIIT N0.77-20 <br />ISSUED ON MARCH 28, 1977 TO DELTA SAND <br />AND GRAVEL CO. <br />1. Recitations <br />A. DELTA SAND AND GRAVEL CO. filed an application with the Colorado Mined Land <br />Reclamation Board (the Board) for an open mining permit on February 28, 1977. <br />B. On July 26, 1976, the Board decided not to adopt Emergency Rules and Regulations <br />for the 1976 Act, but to proceed to prepare, adopt, and promulgate permanent <br />rules and regulations. These rules and regulations have not yet been adopted. <br />C. The Board approved the processing of applications provided that any pe>_~nit <br />issued in connection with such applications would be expressly subject to <br />the terms of a stipulation such as that embodied herein. <br />D. On Ptarch 23, 1977, the Board held an evidentiary hearing with respect to <br />DELTA SAND AND GRAVEL C0.'s application, and on the same day, the Board <br />approved the issuance of an open mining permit to DELTA SAND AND GRAVEL <br />CO., said permit to be subject to the terms of this Stipulation and Agreement. <br />E. The Board and the Attorney General's Office have reviecaed this Stipulation <br />and found it to be in compliance with the resolution adopted by the <br />Board at its July 26, 1976 meeting, and described in paragraph B herein. <br />2. Agreements <br />DELTA SAND AND GRAVEL agrees to comply with all rules and regulations to be <br />adopted as regulations by the Mined Land Reclamation Board pursuant to its <br />authority under Article 32 of Title 34, C.R.S. 1973, as amended (1976 Sess. Laws <br />H. B. 1065) which are not declared invalid, inapplicable, or unenforceable by <br />statutory or court action, as soon as possible, but not later than 180 days after <br />the effective date of such regulations. Pending the adoption of such rules and <br />regulations, DELTA SAND AND GRAVEL COPIPANY agrees to be bound by all of the provisions <br />of the 1976 Mined Land Reclamation Act, as well as the rules and regulations of <br />the Mined Land Reclamation Board previously adopted under the Colorado Open Mining <br />Land Reclamation Act of 1973. Furthermore, once the rules and regulations are <br />adopted by the Board, DELTA SAND AND GRAVEL CO. agrees that all documents it <br />submits to comply with such rules and regulations will be subject to full public <br />review and that full opportunity will be given for a hearing before the Board on <br />the adequacy of the documents, if requested in writing by members of the public. At <br />such a hearing, the Board may reconsider further conditions to this permit, to <br />wit: <br />A. During the course of mining operations, DELTA SAND AND GRAVEL CO. shall not <br />allow the total disturbed acreage to exceed the following limitations: <br />Major Disturbance - 1.5 acres <br />For purposes of this condition, major disturbance is defined as that <br />area of a mining operation which includes excavations, overburden spoils, <br />and topsoil stockpiles. <br />B. Any lands included in this permit which were mined after July 1, 1973, <br />without a permit are included solely for the purpose of obtaining a reclamation <br />plan and bonding coverage for such lands. Such inclusion shall not validify <br />any mining previously conducted which may be punishable under C.R.S. 1973, <br />34-32-113(2), and 34-32-123 and 124, as amended. <br />Dated this 2~th day of Ptarch, 1977. <br />MINED <br />BY <br />