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DECEIVED <br />BEFORE THE MINED LAND RECLAMATION BOARD pPR 0 8 1998 <br />STATE OF COLORADO <br />Division of Minerals 8 Geobgy <br />File No. M-97-054 <br />IN THE MATTER OF AGILE STONE SYSTEMS, INC. APPLICATION <br />FINAL DECISION AND ORDER <br />The Mined Land Reclamation Boazd held the Formal Public Hearing on the Agile <br />Stone Systems, Inc. Application on Mazch 26, 1998, at its regulaz meeting at 1313 <br />Sherman Street, Room 318, Denver, Colorado. <br />PRELIMINARY MATTERS <br />The Boazd reviewed the Draft Hearing Order proposed by the Pre-Hearing <br />Conference Officer and adopted the Draft Hearing Order with one modification. The <br />Boazd removed as a Party to the Formal Hearing the Arkansas Headwaters Recreation <br />Area based on the Division's representation that Steve Reeves had called and had <br />represented that the Recreation Area did not want to be a party to the Hearing. The <br />Hearing Order, as adopted by the Boazd, sets forth the parties to the Hearing and the <br />issues heazd by the Boazd, and is attached and incorporated herein as Exhibit 1. <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />Following disposition of the Preliminary Matters, the Boazd proceeded to consider <br />the Proposed Application. <br />The Division of Minerals and Geology ("the Division") was represented by First <br />Assistant Attomey General Cheryl A. Linden. Assistant Attomey General Tom Feazs <br />appeazed as counsel to the Boazd. Attorney John A. McDermott represented the <br />Applicant. <br />Recognized objectors (set forth in the attached Hearing Order as adopted by the <br />Board) appeazed and offered presentation and rebuttal testimony. <br />Having heard testimony from the Applicant, witnesses called by the Division and <br />by the objectors, and having further considered cross-examination ,rebuttal and closing <br />statements and having conducted public deliberation, the Board rules as follows: <br />