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U <br />3- <br /> <br />17. Mr. Bassett commented that the Board may deny the application if it is inconsistent witfra local <br />plan. He testified that if the Board approves the application now, it will be substantially changed in the <br />course of receiving approval at the local level. <br />18. Mobile's application cannot be contrary to Commerce City's local plan because, as Mr. <br />Goodenough testified, the proposed site is not in Commerce City, and Commerce City has no <br />jurisdiction over the land proposed to be mined. <br />19. The applicant has satisfied its burden to prove that the application complies with y 34-32.5-112. <br />The Division also advised the Board that the application complies with these requirements. No <br />objector has presented any timely objection, or evidence to support a timely objection. Therefore, the <br />weight of the evidence supports the conclusion that the application complies with Section 112 and <br />should be granted. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that the 112 permit <br />application, File No. M-2000-021, submitted by Mobile Premix Concrete, Inc. is hereby approved. In <br />accordance with the recommendation of the Division, the Financial Warranty for this permit is set at <br />$1,105,900.00. <br />~~' S~ <br />DATED this ~ day of ~u-~, , 2000, effective the ~ day of <br />~~..cy,sL , 2000, Nunc Pro Tunc <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Michael B. Lo Director <br />Division, of Minerals an Geology <br />