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RECEIVED <br />~ JAN 16 2001 <br />BEFORE THE MINED LAND RECLAMATION BOARD Division of Reclamation, <br />STATE OF COLORADO Mining and Safety <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE CONSIDERATION OF OBJECTORS' MOTION TO ~ <br />DISMISS FOR LACK OF JURISDICTION, KING MOUNTAIN SAND AND GRAVEL, <br />LLC, FILE NUMBER M-1978-314 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />December 13, 2006, in Denver, Colorado for a hearing to consider a Motion to Dismiss <br />King Mountain Gravel, LLC's Construction Materials Conversion Application, Permit No. <br />M-1978-314 for Lack of Subject Matter Jurisdiction ("Motion to Dismiss"). The file <br />number in this matter is M-1978-314. Zeke Williams, Katharine Schaeffer and Paul Gesso <br />appeared on behalf of King Mountain Sand and Gravel, LLC ("Applicant"). Tamera <br />Westerberg appeared on behalf of Sleeping Lion Ranch, LLC, d/b/a Bar-A-Ranch, ER <br />Ranch, LLC and Egeria Park, LLC, party objectors ("Objectors") in this matter. Tanya <br />Light and Erica Crosby appeared 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 />The Applicant intends to extract sand and gravel from a site located in Section 14, <br />Township 1 North, Range 85 West, 6"' Prime Meridian, Routt County, Colorado. The site <br />is approximately 341 acres. <br />This site was originally permitted as a Section 110 Reclamation Permit issued to Routt <br />County on November 22, 1978. On June 24, 1987, the Section 110 Reclamation Permit <br />King Mountain Gravel, LLC <br />M-1978-314 <br />