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REC~I VED <br />BEFORE THE MINED LAND RECLAMATION BOARD JUN 102011¢ <br />STATE OF COLORADO givlslos of Minerals and geology <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER REGARDING <br />MODIFICATION OF PRIOR BOARD ORDER <br />IN THE MATTER OF DENVER WATER'S POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO OBTAIN A MINING PERMIT, FILE NUMBER M-1977-153 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />Apri128, 2004, in Denver, Colorado for a hearing to consider a Motion to Modify Findings <br />of Fact, Conclusions of Law and Order ("Order") in the matter of Denver Water, File <br />Number M-1977-153. The Board originally heazd this matter on January 20, 2004. Tony <br />Waldron appeazed on behalf of the Division of Minerals and Geology ("Division"). There <br />were no appearances on behalf of Denver Water. <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 />Denver Water seeks to modify the Findings of Fact in Pazagraph No. 1 of the Order, which <br />incorrectly states that the Hazeltine Pit is leased to Suburban Sand and Gravel. Denver <br />Water requests a revision to the wording of Pazagraph No. 1 to more accurately state that <br />there is no lessor/lessee relationship between Denver Water and Suburban Sand and Gravel <br />Company for the Hazeltine Pit. The sentence in question reads as follows: "The pit is <br />leased to another company, Suburban Sand and Gravel, but the Operator owns the property <br />and initiated installation of the slurry wall." <br />2. Division staff has determined that the quoted sentence could be eliminated without <br />impacting the purpose, scope and impact of the Order. <br />