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",RECEIVED <br />/ '' MY 17 2007 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO Division of Reclamation, <br />Mining and Safety <br />OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE RECONSIDERATION OF A PRIOR PERMIT APPROVAL, <br />APPLICATION OF HOCKER CONSTRU~ION, LLC, FILE NUMBER~2004-063 <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on <br />April 11, 2007, in Denver, Colorado for a hearing to reconsider a prior permit approval <br />where a permit applicant's financial warranties were not submitted within 365 days of the <br />original approval. The file number in this matter is M-2004-063. Roy and Rocky Hocker <br />appeared by telephone on behalf of Hocker Construction, LLP ("Applicant"). Wally <br />Erickson appeazed by telephone on behalf of the Division of Reclamation, Mining and <br />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 />I. 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 Boazd has jurisdiction over this matter pursuant to Sections 34-32.5-104 of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34- <br />32.5-101 et seq. C.R.S. (2006). <br />3. The Division approved the Applicant's original Section 112 Reclamation Permit on <br />February 11,2005. <br />Hocker Const., M-2004-063 <br />