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' ~ .STIPULATION AND AGREEMENT APPL~,BLE TO
<br />` OPEN PIT-QUARR'i MINING LIFE OF THE MINE
<br />PERMIT N0. 74-4C ISSUED ON FEBRUARY 15,
<br />1977 TO HOLLOWAY COMPANIES-SPECIFICATIONS
<br />AGGREGATES, INC.
<br />1. Recitations
<br />A. HOLLOWAY COMPANIES-SPECIFICATIONS AGGREGATES, INC, filed a.n application
<br />with the Colorado Mined Land Reclamation Board (the Boatd) Eor a life of
<br />the mine permit on September 23, 1976.
<br />B. On July 26, 1976, the Board decided not to adopt Emergency Rules and
<br />Regulations for the 1976 Act, but to proceed to prepare, adopt, and
<br />promulgate permanent rules and regulations. These rules a:~d regula-
<br />tions have not yet been adopted.
<br />C. The Board approved the processing of applications provided that any
<br />permit issued in connection with such applications would be expressly
<br />subject to the terms of a stipulation such as that embodied herein.
<br />D. On November 23, 1976, the Board held an evidentiary hearing. with respect
<br />to HOLLOWAY COMPANIES-SPECIFICATIONS AGGREGATES, INC.'s application, and
<br />on the same day, the Board approved the issuance of a life of the mine
<br />permit to HOLLOWAY COMPANIES-SPECIFICATIONS AGGREGATES, INC., said
<br />permit to be subject to the terms of this Stipulation and Agreement.
<br />E. The Board and the Attorney General's Office have reviewed this Stipulation
<br />and found it to be in compliance with the resolution adopted by the Board
<br />at its July 26, 1976 meeting, and described in paragraph B )tie rein.
<br />F. Because of the nature of HOLLOWAY COMPANIES-SPECIFICATIONS ,1GGREGATES, INC.
<br />request, the application will be treated as a conversion of the previous
<br />permit issued under the Colorado Open Mining Reclamation Act of 1973. The
<br />life of the mine permit to be issued will include all lands under the
<br />previous permit. Previous bonds supplied by HOLLOWAY COMP MMES-SPECIFICATIONS
<br />AGGREGATES, INC. will be released by the Board upon submission of the new
<br />bond.
<br />2. Agreements
<br />HOLLOWAY COMPANIES-SPECIFICATIONS AGGREGATES, INC. agrees to comply with all
<br />rules and regulations to be adopted as regulations by the Mined Land Reclamation
<br />Board pursuant to its authority under Article 32 of Title 34, C.R.S. 1973, as
<br />amended (1976 Sess. Laws H. B. 1065) which are not declared invalid, inapplicable,
<br />or unenforceable by statutory or court action, as soon as possible, but not
<br />later than 180 days after the effective date of such regulations. Pending the
<br />adoption of such rules and regulations, HOLLOWAY COMPANIES-SPECIFICATIONS
<br />AGGREGATES, INC. agrees to be bound by all of the provisions of the 1976
<br />Mined Land Reclamation Act, as well as the rules and regulations of the Mined
<br />Land Reclamation Board previously adopted under the Colorado Open Mining Land
<br />Reclamation Act of 1973. Furthermore, once the rules and regulations are adopted
<br />by the Board, HOLLOWAY COMPANIES-SPECIFICATIONS AGGREGATES, TNC. agrees that all
<br />documents it submits to comply with such rules and regulations will be subject
<br />to full public review and that full opportunity will be given for a hearing before
<br />the Board on the adequacy of the documents, if required in writing by members
<br />of the public. At such a hearing, the Board may reconsider further conditions
<br />to this permit, to wit:
<br />A. During .the course of mining operations, HOLLOWAY COMPANIES-SPECIFICATIONS
<br />AGGREGATES, INC. shall not allow the total disturbed acreage to exceed
<br />65.5 acres.
<br />B. That the current Bond amount of One Hundred Fifty Thousand ($:50,000.00)
<br />Dollars be reviewed in 1980 or 1981, when the operator amends his permit
<br />to include additional parcels of land.
<br />Dated this 15th day of February, 1977.
<br />MI PED LAND RECLAMA/TION BOARD
<br />By ~` ' ~ l7I~,
<br />HOLLOWAY COMPANIES-SPECIFICATIONS
<br />AGGREGATES, INC.
<br />By_
<br />.~
<br />
<br />
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