PERMFILE109497

• Permit No: C1982054
• IBM Index Class Name: Permit File
• Doc Date: 1/24/1990
• Doc Name: MLRB FINDING OF FACT CONCLUSIONS OF LAW AND BOARD ORDER
• Media Type: D
• Archive: No

• III IIIIIIIIIIIII III •
STATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER 0=: Recommendation for Denial )
of Permit Renewal for Permit C-82-054, )
Pueblo Coal Company, Inc. Carbon Junction Mine )
FINDINGS OF FACT
CONCLUSIONS OF LAID
AND BOARD ORDER
This matter was presented in a formal public hearing, after proper notice
before the Colorado Mined Land Reclamation Board ("Board") on December 14,
1989 in Room 220 of the Centennial Building, 1313 Sherman Street, Denver,
Colorado. The Board conducted the hearing to consider the Division's
recommendation that the renewal of Permit C-82-054 De denied.
The hearing was held in accordance with C.R.S. 34-33-109!7) and Rule
2.06.5(3). A taped transcript was made of the hearing. Pursuant to the
authority vested in the Board by L.R.S. 34-33-109(7) Rule 2.08.5;3), the Board
hereby makes the following Findings of Fact, Conclusions of Law and Board
Order.
FINDINGS DF FACT
1. Un October 12, 1988, Pueblo Coal Company, Inc. (PCI) submitted an
application for renewal of Permit C-82-054.
2. The original permit expired on October 25, 1988 and since that time PCI
nas been authorized to conduct only limited monitoring and maintenance
activities as required to maintain compliance with the Law and
Regulations.
3. The Division deemed the renewal application complete on October 2G,
1988. Dn January 10, 1989 the Division issued its preliminary aaea.uacy
letter which identified items of concern based on a review of the permit
renewal application and associated documents. Issues addressed in the
letter included questions regarding hyarologic impact assessment, Topsoil
balance, disturbance acreage, overburden swell factor determinatior, and
revegetation techniques. On January 19, 1989 the Division forwaraed to
the operator the results of its review of the adequacy of the reclamation
bond, including a detailed reclamation cost estimate. The Division's
cost estimate exceeded the current bond amount by 5194,150.00.
4. PCI has not adequately responded to all of the concerns identified in the
adequacy review letter or the reclamation bond review. PCI has indicated
that they are unable to increase the bond amount or address ail of the
issues raised by the adequacy review due to their current bankruptcy and
they do not anticipate being able to do so until a lawsuit filed by their
parent corporation (Oakridge Energy, lnc.) is resolved.