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<br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD '~~'R ~ s zoo~~ , <br /> <br />STATE OF COLORADO Divis'on o* <br />Wi6~in ~'°ir,ninii°n. <br /> <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF HOCKER CONSTRUCTION LLP'S APPEAL OF DIVISION <br />DETERMINATION ON AFFECTED LAND, FILE NUMBER M-2004-063 / <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 14, 2007, in Denver, Colorado for a hearing to consider an appeal of an <br />administrative decision that an access road constitutes "affected land." The file number in <br />this matter is M-2004-063. Roy Hocker and Jack Nickerson appeazed on behalf of Hocker <br />Construction, LLP ("Applicant"). Wally Erickson appeazed on behalf of the Division of <br />Reclamation, Mining and Safety ("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 Applicant is in the process of obtaining a Section 112c Reclamation Permit that will <br />authorize the Applicant to extract sand and gravel from an 81.7-acre site located in Section <br />22, Township 33 North, Range 7 West, N.M.P.M. in La Plata County, Colorado. The site <br />is referred to as the Hocker Gravel Pit. <br />2. The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104, 105 and 107 <br />of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />Section 34-32.5-101 et seq. C.R.S. (2006) ("Act"). <br />The Applicant has completed the review process for the Applicant's Section 112c <br />Reclamation Permit, but the permit has not been issued due to notice deficiencies. Pursuant <br />to Construction Materials Rule 4.1(2), an operator who fails to provide financial warranties <br />Hocker Const. Appeal <br />M-2004-063 <br />