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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE CONSIDERATION OF THE- CONVERSION <br />APPLICATION OF HOLYOKE GUN CLUB, File No. M -1977 -075 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />March 25, 2015 in Denver, Colorado as a consent agenda item to consider the <br />application of Holyoke Gun Club ( "Operator ") to convert permit number M- 1977 -075 <br />from a 110 Construction Materials Reclamation Permit to a 112 Construction <br />Materials Reclamation Permit. <br />The Board, being fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c reclamation permit for a 7 -acre sand and <br />gravel operation located in the NW 1/ of Section 16, Township 7 North, Range 44 West, <br />6th Principal Meridian in Phillips County, Colorado, permit number M -1977 -075. The <br />site, known as the Holyoke Gun Chub Pit, is located just east of Holyoke, Colorado. <br />2. On July 5, 2013, the Division of Reclamation, Mining and Safety <br />( "Division ") approved the Operator's application to convert its permit from a 110c to <br />a 112c reclamation permit ("Application CN -01" ). <br />3. The Division calculated the estimated reclamation liability for the site <br />to be $38,022.89, which is $35,522.89 more than the $2,500 financial warranty <br />already held by the Division. As of July 5, 2014, the Operator had not submitted <br />the additional $35,522.89 financial warranty. <br />4. On September 15, 2014, the Division conducted a monitoring <br />inspection of the site. Aaron Schlachter and Stacy Rueter attended the inspection <br />on behalf of the Operator. During the inspection, the Division observed that the <br />mine site identification sign at the entrance was not compliant with Rule 3.1.12(1) <br />of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials ( "Rules "). The Division was <br />unable to locate permit boundary markers during the inspection. The Division <br />found that the Operator had disturbed 1.45 acres beyondkthe permit boundary. <br />5. The September 15, 2014 inspection report cited the Operator for <br />affecting land outside of the permit boundary and lacking compliant mine <br />identification signs and affected area boundary markers. The inspection report <br />