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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 RECONSIDERATION OF MAGZDMA MINERALS,LLC'S <br /> APPLICATION FOR A 112 RECLAMATION PERMIT, File No. M-2014-065 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 28, 2016 for a hearing to reconsider the application of Magzuma Minerals <br /> Mining, LLC ("Applicant") for a 112 reclamation permit, file number M-2014-065. Dustin <br /> Czapla appeared on behalf of the Division of Reclamation,Mining and Safety("Division"). <br /> Representatives of the Applicant were present but did not enter appearances. Objecting <br /> party Greg B.Arehart, Ph.D. did not appear. <br /> The Board,having considered the Division's presentation, and being otherwise fully <br /> informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> I. On November 19, 2014,the Applicant filed an application with the Division <br /> for a 112 permit for a site known as the Magzuma Minerals Mine (`Application"). Located <br /> in Section 8,Township 15 South, Range 96 West, 6th Principal Meridian in Delta County and <br /> west of the City of Delta, the Magzuma Minerals Mine is a proposed surface and shale <br /> mining operation. <br /> 2. The Division received a letter of objection from Greg Arehart on January 7, <br /> 2015. The Division received letters of objection from Charles Clemen and Thomas <br /> Thoensen on January 12, 2015. The Division received Applicant's response to Greg <br /> Arehart's objection letter on January 20, 2015. <br /> 3. The Division issued an adequacy review of the Application on January 22, <br /> 2015. <br /> 4. On January 30, 2015,the Division received the Applicant's response to the <br /> Division's adequacy review of the Application. <br /> 5. On February 12,2015,the Division received (a) copies of Applicant's <br /> response letters to the objection letters of Charles Clemen and Thomas Thoensen,and <br /> (b) Applicant's supplemental response to the Division's adequacy review. <br /> 6. On March 12, 2015,the Board held a prehearing conference in Grand <br /> Junction,Colorado. The Division,the Applicant,and objectors Greg Arehart, Charles <br /> Clemen,and Thomas Thoensen appeared and participated in the prehearing conference. <br /> Following the conference,the prehearing conference officer prepared a prehearing order <br />