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~" -DOG ND.m~-; <br />ML~-B Order / <br />-ti-r ~ MI,'~-P~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />R~CEIV~p <br />JUN t y 1005 <br />of Minerals and Geology <br />IN THE MATTER OF THE APPLICATION OF~ W TKO JOINT VENTURE, LLC~OR A <br />SECTION 112 RECLAMATION PERMIT, OVER OBJECTIONS, LUPTON LAKES <br />RESOURCE, FILE NUMBER M-2004-078 / <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on May <br />11, 2005, in Denver, Colorado for a hearing to consider the Section 112 Reclamation Permit <br />Application of SW TKO Joint Venture, LLC ("Applicant"). The file number for this matter <br />is M-2004-078. Robert Bruce, Esq. appeared on behalf of the Applicant. Jerry Landrus <br />appeared as an objector. Gary DeWitt and Gregg Cazson, Esq. appeared on behalf of the <br />Colorado Department of Transportation ("CDOT"), also an objector. Mr. Landrus and <br />CDOT are referred to collectively as the "Objectors." Erica Cr~by and Steve Brown, Esq. <br />appeared on behalf of the Division of Minerals and Geology ("Division"). <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 />The Applicant intends to extract sand and gravel from a 361-acre site located in Section 19, <br />Township 1 North, Range 66 West, 6`" Principal Meridian, Weld County, Colorado. The <br />site is referred to as the Lupton Lakes Resource site. The site will be mined in 18 sections <br />ranging in size from 20 to 25 acres. The site's currently proposed post-mining land use is <br />water storage. <br />2. The Applicant submitted a complete permit application on January 19, 2005. <br />3. The Division received timely objection letters from Georgia and Jerry Landrus, the City of <br />Fort Lupton and CDOT. <br />