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ATTACHMENT B <br /> MINED LAND RECLAMATION BOARD <br /> DEPARTMENT OF NATURAL RESOURCES <br /> IN THE MATTER OF: ) Affirmation of the Mined Land <br /> COLOWYO COAL COMPANY . ) Reclamation Division's Decision <br /> to approve the coal mining and <br /> reclamation permit subject to <br /> the Joint Settlement Agreement <br /> This matter was presented in a-hearing,after proper notice, before the <br /> Colorado Mined Land Reclamation Board ("MLRB") on October 28, 1982, on the <br /> campus of Colorado Mountain College in Glenwood Springs. The MLRB conducted <br /> the hearing to determine if the proposed decision to, approve, with stipulations, <br /> Colowyo's coal mining and reclamation permit should become final. <br /> A quorum of the MLRB was present during the entire hearing and partici- <br /> pated in deliberation and voting on the matter. Mr. Davis Holder, Chairman <br /> of the MLRB, presided. Other Board members in attendance were Sherman Blach, <br /> Hamlet Barry, Margaret Winter, Robert Turner, Larry Brown and Joseph Sullivan. <br /> Pursuant to the authority vested in the Mined Land Reclamation Board by <br /> C.R.S. 1973, 34-32-119(5) and 2.07.4 of the Regulations of the Colorado <br /> Mined Land Reclamation Board for Coal Mining, the Board hereby, makes the <br /> following findings of fact and conclusions of law. <br /> FINDINGS OF FACT <br /> 1. COLOWYO COAL COMPANY submitted an application for a mining and reclamation <br /> permit (File C-019-81) in February, 1981, which was found to be complete on <br /> February 13, 1981. <br /> 2. A proposed decision was issued October 4, 1982 to approve the permit <br /> with 7 stipulations. <br /> 3. After the proposed decision was issued, the Division, for good cause <br /> shown, modified, the proposed decision and proposed a Joint Settlement Agreement <br /> to reflect those modifications. The Joint Settlement Agreement (Agreement) , <br /> entered into on October 28, 1982, is attached as part of this Findings Document. <br /> 4. COLOWYO COAL COMPANY'S mining and reclamation plan for the Colowyo Mine <br /> has been found to be in compliance, as demonstrated in the Division's written <br /> findings, with the Act and all rules and regulations promulgated in accordance <br /> with the Act. <br /> DECISION <br /> Upon formal motion and by majority vote, the Board hereby affirms the <br /> decision of the Division to approve the coal mining and reclamation permit for <br /> Colowyo Coal Company's Colowyo Mine, subject to the conditions of the Joint <br /> Settlement Agreement. The Division's decision is based on a. finding that the <br /> proposed operation will comply with all of the requirements of the Colorado <br /> Surface Coal Mining Reclamation Act, C.R.S. 1973, 34-33-101 et seq. , and the <br /> Rules promulgated thereunder. The permit will not be issued until the applicant <br /> has filed a performance bond with the Division and the Division has approved <br /> the bond. This decision is final; the public comment period expired on <br /> November 3, 1982. <br /> Dated and Effective this day of Noveml%er,1982. <br /> Davis Holder, Chairman <br />