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f -A <br />Sections 34-33-101, et seq., C.R.S. (2008)(the "Act") and Rule 2.08.4(6)(b)(iii) of the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining ("Board <br />Rules"). <br />12. Pursuant to § 34-33-110(2)(n) and (o), C.R.S, an application for a permit must <br />include accurate maps or plans clearly showing the land to be affected. The map should <br />include the "actual area to be mined ...." <br />13. Pursuant to Board Rule 2.05.3, the application must contain a detailed <br />description of the specific mining operations proposed to be conducted within the permit <br />area. The operation description.for underground mining must include among other things, a <br />detailed narrative and appropriate maps that sufficiently describe all proposed surface <br />disturbances associated with the underground mining activities within the permit area. "Each <br />operation plan shall include a narrative, cross sections, map(s) and timetable(s) sufficient to <br />describe the areal extent of the proposed underground workings and the stratum to be <br />affected." Board Rule 2.05.3(2)(b) [Emphasis added]. <br />14. Finally, pursuant to Board Rule 2.07.7(7), the Permittee must conduct coal <br />mining operations only as described in the approved application. <br />15. In this case, the Permittee filed a technical revision after the potential violation <br />was discussed during the inspection. The technical revision updated the mine plan map to <br />include the new areal extent of the submain entries. The mine plan map in use at the time of <br />the inspection was not sufficient to describe the actual areal extent of the underground <br />workings of the mine. This discrepancy constitutes a violation of Board Rule 2.05.3(2) and § <br />34-33-110 (2)(n) and (o), C.R.S. Additionally, the Permittee violated Board Rule 2.07.7(7), <br />because the coal mining operations were not being conducted as described in the approved <br />application. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />denies the Permittee's request to vacate Notice of Violation CV-2008-002. <br />DONE AND ORDERED this // day of (? , 2009. <br />FOR THE COLORADO MINED-LAND I;MCLAMA <br /> <br />Mined Land Reclamationn Board <br />GCC Energy, LLC <br />King I and II Mines <br />C-1981-035 <br />CV-2008-002