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,~ ~ ~ r <br />BEFORE THE NIINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF COLORADO GRAVEL PRODUCTS INC.. COLORADO GRAVEL <br />PRODUCTS PIT, FILE NO. M-1999-117, APPROVAL OF 112 PERMIT APPLICATION <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on May 24, 2000 for a <br />hearing on the above-captioned application in Denver, Colorado. The applicant appeared and was <br />represented by Kenny Smith. No objector appeared. The Division attended as staff to the Board. The <br />Board, having considered all the evidence and arguments offered by the parties, and having been <br />otherwise fully informed in the premises, makes the following Findings of Fact and Conclusions of Law, <br />and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On January 26, 2000, Colorado Gravel Products Inc. filed a 112 Permit Application, File <br />No. M-1999-117, to conduct a sand and grave] operation in Saguache County, Colorado, Sec. 35, T41N, <br />R7E, NMPM. <br />2. One timely objection to the application was received by the Division of Minerals and <br />Geology (the "Division"). As a result, the Division held an Informal Conference, by telephone <br />conference call, on April 5, 2000 and again on April 10, 2000. At the Informal Conference, the Division <br />discussed the parties and the issues to be considered. <br />All parties received timely and sufficient notice of this hearing. <br />4. On April 27, 2000, the Division issued its recommendation to the Board to approve the <br />permit application. On April 27, 2000, the Division mailed its approval recommendation to the parties, <br />addressing the objections and concerns raised during the public comment period and informal conference <br />phases. <br />5. On May 8, 2000, aPre-hearing Conference was held, by telephone conference call, to <br />verify the list of parties and to state the issues to be considered by the Board at the final hearing. Ms. <br />Sandra Brown presided as the Pre-hearing Conference Officer designated by the Board. The one <br />objecting party did not participate in the Pre-hearing Conference. As a result of the Pre-hearing <br />Conference, apre-hearing order was generated. <br />6. The applicant contends that all requirements for its 112 permit application have been <br />satisfied. <br />