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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 BLUE MOUNTAIN STONE, INC., File No. M-1981-075 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on November 15, 2023, in Denver, Colorado, as a consent agenda item to consider <br /> the permit conversion application of Blue Mountain Stone, Inc. ("Operator"), file <br /> number M-1981-075. <br /> The Board, being fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110(c) reclamation permit for a 9.90-acre sandstone <br /> mining operation located in Section 5, Township 3 North, Range 70 West, 6th <br /> Principal Meridian, Boulder County. The site is known as the Phillips Stone <br /> Company. <br /> 2. Operator filed a conversion application (CN-1) in 2022. <br /> 3. On March 20, 2023, the Division conducted a pre-operation inspection <br /> of the site as part of the review process for CN-1. The inspection report, signed <br /> April 17, 2023, observed that approximately 2.1 acres had been disturbed beyond <br /> the permit boundaries. <br /> 4. Following a hearing held on June 21, 2023, the Board found Operator <br /> in violation of section 34-32.5-109(1), C.R.S., for engaging in a new mining operation <br /> without first obtaining a reclamation permit. The Board's Order, effective August <br /> 22, 2023 (the "August 22, 2023 Order"), required Operator to "l) obtain approval of <br /> the current conversion application under review prior to September 27, 2023, the <br /> 365-day time limit for the application; and 2) submit the appropriate financial <br /> warranty amount as determined by the Division during the review of the conversion <br /> application within 60 days of the date the application is approved." <br /> 5. On October 13, 2023, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter stating that Operator had failed to obtain approval <br /> of CN-1 within the 365-day time limit, as required by the Board's August 22, 2023 <br /> Order. The Division's letter provided notice regarding the alleged violation of <br />