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