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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 APPROVAL OF 112(C) <br />PERMIT AND REQUEST OF COLORADO SAND COMPANY TO EXTEND <br />THE SUBMISSION DEADLINE FOR PERFORMANCE AND FINANCIAL <br />WARRANTY, KEENESBURG NO. 2 MINE; File No. M-2019-058 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 22, 2021 for a hearing to reconsider the previous approval of the <br />application of Colorado Sand Company ("Applicant") for a 112c permit, file number <br />M-2019-058, and Applicant's request to extend the deadline for submission of <br />performance and financial warranty. <br />Eric Scott and Michael Cunningham appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division").' David Patterson and David Reece <br />appeared on behalf of Applicant. <br />The Board, having considered the presentations, testimony, materials <br />submitted, and being otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. Applicant filed an application with the Division for an a 112c <br />reclamation permit for a site known as the Keenesburg No. 2 Mine in Weld County, <br />Colorado (the "Application"). Located in Section 6, Township 2 North, Range 63 <br />West, 6th Principal Meridian, the Keenesburg No. 2 Mine is a proposed 2926-acre <br />industrial sand mine. <br />2. There were no objections to the Application filed with the Division, and <br />the Division approved the Application on June 12, 2020. <br />3. The Division set the financial warranty for the site at $4,921,881.00. <br />4. Under Rule 4.1(2) of the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for the Extraction of Construction <br />Materials (the "Rules"), Applicant had one calendar year from the approval of the <br />Application to submit the financial warranty or the Application would be denied. <br />1 The Division was staff to the Board on this matter. <br />