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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 PETITION OF PLAYFAIR LAND CO.,LLC FOR DECLARATORY <br /> ORDER,File No.M-1984-094 <br /> THIS MATTER came before the Mined Land Reclamation Board("Board") on April 27, <br /> 2017 in Denver,Colorado to consider a.petition for declaratory order submitted by Playfair <br /> Land Co.,LLC("Petitioner"),file number M-1984-094. Jodi Fitzpatrick appeared on behalf of <br /> Petitioner. Wally Erickson,Barbara Corta,and First Assistant Attorney General Jeff Fugate <br /> appeared on behalf of the Division of Reclamation, Mining and Safety("Division"). There were <br /> no appearances on behalf of the permittee,Sanborn Sand and Gravel,d/b/a Golden Cross <br /> Aggregate("Operator'j. <br /> The Board,having considered the presentation and being otherwise fully inforrned <br /> of the facts in the matter,hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. On September 22,2015,the Division received an Application Form for <br /> Transfer of Mineral Permit and Succession of Operators for the Gloria Z Mine from Petitioner <br /> ("Application"). The Gloria Z Mine,a 1.12c sand,gravel,and gold mining operation,is located <br /> in Section 32,T9S,R77K 6th Principal Meridian in Park County,Colorado. <br /> 2. On October 2,2015,the Division sent Petitioner a letter notifying Petitioner <br /> that the Application is inadequate and incomplete. <br /> 3. On December 11,2015,the Division denied the Application. <br /> 4. On April 13,2017,Petitioner filed a Petition for Declaratory Order,petitioning <br /> the Board to"authorize the transfer of permit without a signatory from the current <br /> Permittee." <br /> S. On April 17,2017,Petitioner filed a Request for Transfer of Mineral Permit <br /> and Succession of Operators Packet for permit number M-1984-094("Request for Transfer <br /> of Mineral Permit"). <br /> 6. At the bearing,Ms.Fitzpatrick and the Division testified that the contact for the <br /> Operator,William Sanborn,is deceased. <br /> 7. At the hearing,Ms.Fitzpatrick testified that,prior to his death,William <br /> Sanborn sold the stock in the Operator to Petitioner and,further,that the permit is listed in <br /> the purchase agreement. Ms.Fitzpatrick also testified that the Operator no longer exists and <br />