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r_, • • <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Recommendation for Denial ) FINDINGS OF FACT <br />of Permit Renewal for Permit C-82-054, ) CONCLUSIONS OF LAW <br />Pueblo Coal Company, Inc. Carbon Junction Mine ) AND BOARD ORDER <br />This matter was presented in a formal public hearing, after proper notice <br />before the Colorado Mined Land Reclamation Board ("Board") on December 14, <br />1989 in Room 220 of the Centennial Building, 1313 Sherman Street, Denver, <br />Colorado. The Board conducted the hearing to consider the Division's <br />recommendation that the renewal of Permit C-82-054 be denied. <br />The hearing was held in accordance with C.R.S. 34-33-109(7) and Rule <br />2.08.5(3). A taped transcript was made of the hearing. Pursuant to the <br />authority vested in the Board by C.R.S. 34-33-109(7) Rule 2.08.5(3), the Hoard <br />hereby makes the following Findings of Fact, Conclusions of Law and Board <br />Order. <br />FINDINGS OF FACT <br />1. On October 12, 1988, Pueblo Coal Company, Inc. (PCI) submitted an <br />application for renewal of Permit C-82-054. <br />2. The original permit expired on October 25, 1988 and since that time PCI <br />has been authorized to conduct only limited monitoring and maintenance <br />activities as required to maintain compliance with the Law and <br />Regulations. <br />3. The Division deemed the renewal application complete on October 20, <br />1988. On January 10, 1989 the Division issued its preliminary adequacy <br />letter which identified items of concern based on a review of the permit <br />renewal application and associated documents. Issues addressed in the <br />letter included questions regarding hydrologic impact assessment, topsoil <br />balance, disturbance acreage, overburden swell factor determination and <br />revegetation techniques. On January 19, 1989 the Division forwarded to <br />the operator the results of its review of the adequacy of the reclamation <br />bond, including a detailed reclamation cost estimate. The Division's <br />cost estimate exceeded the current bond amount by $194,150.00. <br />4. PCI has not adequately responded to all of the concerns identified in the <br />adequacy review letter or the reclamation bond review. PCI has indicated <br />that they are unable to increase the bond amount or address all of the <br />issues raised by the adequacy review due to their current bankruptcy and <br />they do not anticipate being able to do so until a lawsuit filed by their <br />parent corporation (Oakridge Energy, Inc.) is resolved. <br />