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RECEIVED <br />DEC 2 4 2002 <br />BEFORE THE MINED LAND RECLAMATION BOARD flivision of Minerals and Geology <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE RECONSIDERATION OF THE APPROVAL OF A 110(2) APPLICATION FOR <br />LAFARGE WEST, INC., FILE NO. M-2000-016. <br />THIS MATTER came before the Mined Land Reclamation Board on December 1 I, 2002 at Denver, <br />Colorado for hearing to reconsider the approval of the Division of Minerals and Geology (Division) for the 112 <br />permit application of LaFarge West, Inc. (applicant), in accordance with Construction Materials Rule 4.1(2). <br />M.L. Tucker and Duane Bollig appeared on behalf of the Applicant. Erica Crosby appeared on behalf of the <br />Division. The Board, having considered the position of the Division, and having been otherwise fully informed <br />in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On February 7, 2000, the Applicant filed a Section 112 application fora 120 acre sand and gravel <br />mining permit known as the Riverbend Operation. This site is located in Section 19, T1N, R66W, 6`s <br />F.M., Weld County, Colorado. <br />2. Following a hearing on objections, the application was approved and the bond established at <br />$743,000.00 on July 14, 2000. <br />3. The Applicant failed to submit the financial warranty until September 30, 2002 and performance <br />warranty until October 29, 2002. The Applicant has not commenced its mining operation. <br />4. Construction Materials Rule 4.1(Z) provides that if a permit applicant fails to submit the required <br />performance andlor financial warranties within one calendaz year of approval of the application, the <br />Board shall hold a hearing to reconsider the Division's approval. <br />5. Approximately two years have passed since the Boazd approved this application. Therefore, it is <br />appropriate to reconsider the application. <br />Permit Number M-Zw(~-0I(~ ~ ~~.-t~{~_(~c~-~ <br />Class: emrit p~ ~r~{q~c~~~~on <br />Section/Exhibit: mt,~~/WC.Ke ~S\. _ _l9~Ut_.~'~~1'}~1~' <br />! Class: O Revision ! <br />TYPeISeq: ~ <br />Class: ^ Report O Hydro OGeneral ~ J <br />Doc Type: <br />Application (Coal only) ^ Bond O Enforcement ^ Inspection <br />