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~-~; (~~t~so,~ gyros. <br />V ~41d /'~ ~/'G!~ /' <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO _ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />R~C~IV~D <br />`~~r 2 o zoos <br />Division of Reclamation, <br />ininy and Safety <br />IN THE MATTER OF BENSON BROTHERS' REQUEST FOR CLARIFICATION OF ~ <br />PERMIT CONDITIONS, SECTION 112 RECLAMATION PERMIT, FILE NO. M-2005- <br />071 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />September 13, 2006, in Denver, Colorado for a hearing to consider the request of Benson <br />Brothers ("Applicant") for clarification of aBoard-ordered condition to its Section 112 <br />Reclamation Permit. The file number in this matter is M-2005-071. Dwight Benson and <br />Michael Ripp of MVR Resources, Inc. appeared on behalf of the Applicant. Janet Croissant, <br />a party objector at the original hearing in this matter, appeazed on her own behalf as a party <br />to the proceeding. Allen Sorenson and Steve Shuey 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 intends to extract red shale from a 29.5-acre site located approximately <br />three miles northwest of Cedazedge, Colorado in Section 13, Township 13 South, Range <br />95 West, 6`" Prime Meridian, Delta County, Colorado. The Applicant proposes to disturb <br />no more than six acres at any one time and will reclaim portions of the site as mining is <br />completed. The site is known as the Benson Brothers' Red Shale Pit. The proposed post- <br />mining land use is rangeland. <br />Request for Clarification <br />Benson Bros., M-2005-071 <br />