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III IIIIIIIIIIIIIIII <br />STIPULATION AND AGREEMENT APPLICABLE TO <br />SURFACE MINING LIFE OF THE MINE <br />PERMIT N0. 77-71 ISSUED ON <br />TO KASLER AND WOODS <br />1. Recitations <br />A. KASLER AND WOODS filed an application with the Colorado Mined Land <br />Reclamation Board (the Board) for a 10 day permit on 5/12/77. <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 and regulations <br />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 May 25, 1977 the Board held an evidentiary hearing with respect to <br />KASLER AND WOODS's application, and on the same day, the Board approved <br />the issuance of a ten day processing permit to KASLER AND WOODS, said <br />permit to be subject to they: 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 <br />Board at its July 26, 1976 meeting, and described in paragraph B herein. <br />2. Agreements <br />KASLER AND WOODS agrees to comply with all rules and regulations to be <br />adopted as regulations by the Mined Land Reclamation Board pursuant to <br />its authority under Article 32 of Title 34, C.R.S. 1973, as amended <br />(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 <br />not later than 180 days after the effective date of such regulations. <br />Pending the adoption of such rules and regulations, KASLER AND WOODS agrees <br />to be bound by all of the provisions of the 1976 Mined Land Reclamation <br />Act, as well as the rules and regulations of the Mined Land Reclamation <br />Board previously adopted under the Colorado Open Mining Land Reclamation <br />Act of 1973. Furthermore, once the rules and regulations are adopted by <br />the Board, KASLER AND WOODS agrees that all documents it submits to comply <br />with such rules and regulations will be subject to full public review and <br />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 <br />public. At such a hearing, the Board may reconsider further conditions <br />to this permit, to wit: <br />1. During the course of mining operation, KASLER AND WOODS shall not <br />allow the total disturbed acreage to exceed 9.9 acres. <br />2. That you are held responsible for the entire 9.9 acres for reclamation <br />and that Lake County apply as a succession of operator or apply for <br />a new permit if the 111 cannot be converted for the five acres which <br />will be left reclaimed so they can mine it. <br />1977. <br />KASLER AND WOODS <br />