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<br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD D"":°' ° ' ` "~' , •:on' <br />im~ning anu Sei::y <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF MESA SANDSTONE, LLC'S APPEAL OF A DIVISION <br />DETERMINATION THAT AN AMENDMENT, NOT A TECHNICAL REVISION, WAS <br />REQUIRED TO CHANGE THE AFFECTED ACREAGE, FILE NUMBER M-2006-009 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />March 14, 2007 in Denver, Colorado for a hearing to consider an appeal of a decision by the <br />Division of Reclamation, Mining and Safety ("Division") that an amendment, not a <br />technical revision, was required to change the affected acreage of an existing permit. The <br />file number for this matter is M-2006-009. Doug Conger appeazed by telephone on behalf <br />of Mesa Sandstone, LLC ("Operator"). Wa11y Erickson appeared on behalf of the 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 Operator extracts sandstone from a 31.74-acre site located in Section 23, Township 36 <br />North, Range 15 West, New Mexico Principal Meridian, Montezuma County, Colorado. <br />The site is referred to as the Hindmarsh Sandstone site. <br />2. The Operator applied for a technical revision to the Operator's permit on November 6, <br />2006. The technical revision proposed subtracting 5.60 acres from within the existing <br />permitted boundaries and adding on 5.60 acres from another area adjacent to the existing <br />permitted boundaries. The Division rejected the technical revision in a letter dated <br />November 29, 2006. In that letter, the Division informed the Operator that a request to add <br />acreage to an existing permit area constitutes a permit amendment under the Construction <br />Materials Rules. The Division further informed the Operator that the Operator's request <br />Mesa Sandstone Appeal <br />M-2006-009 <br />