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~~ <br />•. - <br />-~ <br />M ~~ <br />STIPULATION AND AGREEMENT APPLIC.~IBLE TO <br />OPEN h1INING LIFE OP THE MINE PERMIT h70.77-20 <br />ISSUL'D ON h1ARCH 28, 1977 TO DELTA S~ND <br />1. Recitations <br />A. DELTA SAND A D GRAVEL CO. filed an application with the Colorado Mined Land <br />Reclamation B and (the Board) for an open min"ng permit on February 28, 1977. <br />B. On July 26, 19 the Board decided not to a opt Emergency Rules and Regulations <br />for the 1976 Ac but to proceed to prepare/ adopt, and promulgate permanent <br />rules and regula ions. These rules and re ulations have not yet been adopted. <br />C. The Board approve the processing of applications provided that any permit <br />issued in connecti n with such applications would be expressly subject to <br />the terms of a stip lation such as that embodied herein. <br />D. On Ptarcl~ 23, 1977, tle Board held an''//evidentiary hearing with respect to <br />DELTA SAND AND GRAVEL C0.'s applica~on, and on the same day, the Board <br />approved the issuance f an open mi rng permit to DELTA SAND :1ND GRAVEL <br />CO., said permit to be subject to a terms of this Stipulation and Agreement. <br />E. The Board and the Attorn y Genera 's Office have reviewed this Stipulation <br />and found it to be in coi Hance with the resolution adopted by the <br />Board at its July 26, 197 meet'ig, and described in paragraph B herein. <br />2. Agreements <br />H. B. 1065) which are not dec are invalid, inapplicable, or unenforceable by <br />statutory or court action, a soon as possible, but not :Later than 180 days after <br />tl~e effective date of such r gulati ns. Pending the adoption of such rules and <br />regulations, DELTA SAND AND GRAVEL OP1PANY agrees to be bound by all of the provisions <br />of the 1976 Mined Land Rec amation A t, as well as the rifles and regulations of <br />the Mined Land Reclamatio Board pre iously adopted under: [he Colorado Open Mining <br />Land Reclamation Act of 973. Furthe more, once tt~e rules and regulations are <br />adopted by the Board, D TA SAND AND VF.L CO. agrees that all documents it <br />submits to comply with such rules and egulations will bf~ subject to full public <br />review and that full portunity will be given for a hearing before the Board on <br />the adequacy of the d currents, if reque ted in writing b;~ members of the public. At <br />such a hearing, the oard may reconside further conditions to this permit, to <br />wit: <br />DELTA SAND AND GRAVEL agrees to omply with all rules an~i regulations to be <br />adopted as regulations by the M" ed Land Reclamation Board pursuant to its <br />authority under Article 32 of it e 34, C.K.S. 1973, as +3 mended (1976 Sess. Laws <br />A. During the course of mining operations` <br />allow [he total disturbed acreage to ex <br />Major Distut~bance - 1.5 acres <br />For purpos s of this condition, major d <br />area of a mining operation which includ <br />and tops it stockpiles. <br />DELTA SAND Ah1D GRAVEL CO. shall no[ <br />eed the following limitations: <br />urbance is defined as that <br />e:;cavatious,overburden spoils, <br />B. Any lan s included in this permit which wer mined after July 1, 1973, <br />withou a permit are included solely Eor the purpose of obtaining a reclamation <br />plan a d bonding coverage Eor such lands. S ch inclusion shall not validify <br />any m"Wing previously conducted which may be unishable under C.R.S. 1973, ' <br />34-3 113(2), and 34-32-123 and 124, as amende . <br />