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~~c~~~~® <br />BEFORE THE MINED LAND RECLAMATION BOARD OCT ~ ~ Z~ <br />STATE OF COLORADO °'°'S`°"°/M;neie <br />and Geology <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPLICATION OF VALCO, INC., OVER OBJECTIONS, <br />FILE NUMBER M-2004-043 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 22, 2004, in Denver, Colorado for a hearing to consider the Section 112 <br />Construction Materials Application of Valco, Inc. ("Applicant"). The file number for this <br />matter is M-2004-043. There were no appearances on behalf of the Applicant or Objectors. <br />Tony Waldron appeared on behalf of the Division of Minerals and Geology ("Division"). <br />The Board, 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 site near Trinidad, Colorado. The <br />site of the proposed mining activity is in Section 35, Township 32 South, Range 63 West, <br />6"' Prime Meridian, Las Animas County, Colorado. The site is approximately 32.62 acres, <br />approximately 10 acres of which will be disturbed. <br />2. The Applicant filed an application that was considered complete by the Division on June <br />11th, 2004. <br />3. The Division received a timely objection to the Application in the form of a signed petition <br />that asserted the proposed project would disturb Native American burial sites. The <br />Board's hearing officer scheduled a prehearing conference to discuss the objector's <br />concerns. identify the parties and define the issues for the Board's consideration. <br />However, because the objection letter did not contain any contact information, including <br />