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<br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />~/ <br />RECEIVED <br />JAN 2 3 2004 <br />Division vt Minerals & GeolapY <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE RECONSIDERATION OF AN APPLICATION APPROVAL <br />FOR A SECTION 112 RECLAMATION PERMIT, AGGREGATE INDUSTRIES WCR, <br />INC., FILE NO. M-2001-16 <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on <br />December 17, 2003, in Denver, Colorado for a hearing to reconsider the Section 112 <br />Reclamation Permit Application approval of Aggregate Industries WCR, Inc. ("Applicant"), <br />file number M-2001-16. Tom Schreiner appeazed on behalf of the Division of Mines and <br />Geology ("Division"). Mike Refer and Bazbaza Brunk appeared on behalf of the Applicant. <br />The Boazd, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />1. On June 11, 2001, the Division approved a Section 112 Reclamation Permit fora 266-acre <br />site located in Section 36, Township 3 North, Range 70 West, 6`h Prime Meridian in <br />Boulder County, Colorado. Aggregate Industries, West Central Region, Inc. was listed as <br />the applicant ("Original Applicant"). The site is known as the Fredstrom Resource site. <br />2. On Apri125, 2003, the Division notified the Original Applicant that it had failed to submit <br />proof of financial warranty to the Division within 365 days of the application approval, <br />thus requiring reconsideration of that approval by the Board pursuant to Construction <br />Materials Rule 4.1. <br />On April 28, 2003, the Division received a financial warranty in the amount of $260,500 <br />from the Applicant, not the Original Applicant. In a May 9, 2003 letter, the Division asked <br />~~~ <br />Vr <br />