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G~~~L:~ed~~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD MAR 1 i 1004 <br />STATE OF COLORADO Division of Minerals and Geology <br />MOTION TO MODIFY FINDINGS OF FACT, CONCLUSIONS OF LAW AND <br />ORDER <br />IN THE MATTER OF DENVER WATER'S POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTNE ACTION AND CNIL PENALTIES <br />FOR FAILURE TO OBTAIN A MINING PERMIT, FILE NUMBER M-1977-153 <br />COMES NOW the City and County of Denver, acting by and through its Board of <br />Water Commissioners (Denver Water), the operator for Permit No. M-1977-153, and <br />requests that this Board modify and correct its Findings of Fact, Conclusions of Law and <br />Order of February 25, 2004 as follows: <br />Pazagraph No. 1 of the Findings of Fact incorrectly finds that the Hazeltine Pit is <br />leased to Suburban Sand and Gravel Company. The records at DMG reflect that <br />extraction activities at the pit ceased in approximately February 2003. There is no <br />evidence to support the statement that Suburban Sand and Gravel is a lessee of Denver <br />Water for the Hazeltine Pit. <br />WHEREFORE, pazagraph 1 of the Findings of Fact should be modified by <br />striking the second sentence in its entirety. <br />Respectfully submitted this I~day of Mazch, 2004. <br />MICHAEL L. WALKER, No. 2828 <br />BY r' t' "`'~c2'~'~c~x`i '' ~~ <br />ey for the City and County of <br />Denver, acting by and through its Board <br />of Water Commissioners <br />1600 West 12th Ave. <br />Denver, CO 80204-3412 <br />Phone Number: (303) 628-6460 <br />Fax Number: (303) 628-6478 <br />