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<br />F <br />~` <br />STATE OF COLORADO <br />~~ ~~ <br />. wi <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />PERMIT NUMBER 77-141 <br />(,.INGD LAND f;ECL?~°'.p.iiDi~ G!'a~,y,~~! <br />Cc: c.,~.. c y <br />IN THE MATTER OF THE APPLICATION OF ANDESITE ROCK COMPANY <br />LANDOWNER'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />COMES NOW the Landowner, Hallyn F. Hall, by and through his attorney, <br />Karl F. Kumli, III, and hereby submits the following findings of fact and <br />conclusions of law in the above-captioned matter. <br />I. FINDINGS OF FACT <br />1. The Colorado Mined Land Reclamation Act, Article 32 of Title 34, CRS <br />1973, as amended, (hereinafter the "Act") provides in pertinent part: at <br />Section 112(10)(c): <br />In addition [to notice by publication] the Applicant shall mail a copy of <br />such notice immediately after first publication to all owners of the <br />surface rights of the affected land, to the owners of record of <br />immediately adjacent lands, and to any other persons who are owners of <br />record that may be designated by the Board which might be affected by the <br />proposed mining operation. Proof of such notice and mailing, such as <br />certified mail with return receipt requested where possible, shall be <br />provided the Board and become part of the application. <br />2. In its 1981 permit application Andesite represented, by letter of <br />Mr. George C. Baker on November 18, 1981, that notice of "the Mined Land Board <br />Meeting" was given to the land owner as follows: Mr. Halwyn Hall, South Star <br />Route, Lyons, Colorado 80140. <br />3. Mr. Hall's correct address is: Mr. Hallyn F. Hall, South Star. <br />Route, Lyons, Colorado 80540. Thus the address listed by Andesite is <br />incorrect. <br />4. Andesite has, at other times, sent properly addressed communications <br />to Mr, Hall by certified mail, and such communications have been seasonably. <br />received. Certified mail communication is, therefore, possible. <br />5. P1r. Hall never received any notice of the tdined Land Reclamation <br />Board Permit Proceedings. Those proceedings concluded with the issuance of a <br />permit to Andesite an December 29, 1981. <br />b. The Landowner first became aware of the existence of the Mined Land <br />Reclamation Board and of the 1981 permit upon receipt of a letter from <br />Andesite dated January 25, 1983, <br />-1- <br />