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-2- <br /> <br />5. As a result of PCPs failure to respond to the bonding and adequacy <br />review concerns in a timely manner, the Division issued a Recommendation <br />and Findings for Denial of the permit renewal application on November 10, <br />1989. PCI formally objected to the denial recommendation on December 11, <br />1989. <br />6. Suosequent to the Division's issuance of the denial recommendation, PCI <br />submitted certain required hydrologic data and committed to submitting <br />the required reclamation bond and remaining adequacy information to the <br />division by June 1, 1990. PCI has indicated that the Oak ridge Energy <br />Inc. lawsuit is scheduled for an April, 1990 court date and PCI <br />anticipates having the financial capability to resolve the permit renewal <br />issues upon resolution of the lawsuit. <br />7. Based on the probability that PCI will be able to address the outstanding <br />renewal issues upon resolution of the lawsuit, the Division entered into <br />a Letter of Agreement with PCI on December 14, 1989. The letter contains <br />a timetable for completion of certain tasks related to the permit renewal <br />and specifies that the required reclamation bond amount and additional <br />adequacy information will be submitted to the Division by June 1, 1990. <br />CD~~CLUSIONS DF LAW <br />Under the terms of C.R.S. 34-33-109(7)(a) and Rule 2.08.5(3)(9)(iv) and <br />(v ), the Board shall provide fora formal public hearing in response to <br />any recommendation for denial of a permit renewal issued by the <br />Division. The Board shall further issue renewal of the permit unless it <br />is established by a preponderance of evidence and written findings by the <br />Board that (in applicable part): <br />(iv) The operator has not provided evidence that the performance bond in <br />effect for said operation will continue in full force and effect <br />- - for any renewal requested in such application as well as any <br />additional bond the Board or Division might require pursuant to <br />Rule 3; or <br />(v) Any additional revised or updated information required by the <br />Division has not been provided. <br />BOARD ORDER <br />Based on the foregoing Findings of Fact and Conclusions of Law and pursuant to <br />the provisions of C.R.S. 34-33-1D9(7)(a ), the Board hereby orders that: <br />1. _ The permit renewal for the Carbon Junction (dine, Permit No. C-82-0~4 <br />shall not be issued until all of the conditions specified in the Letter <br />of Agreement between the Division and Pueblo Coal, lnc. have oeen <br />fulr'illed. <br />