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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF ABBOTT READY MIX <br />M-1975-049. <br />THIS MATTER came before the Mined Land Reclamafion Boazd on August 20, <br />-2003, in Denver, Colorado for a hearing on the request of Tom and Carol Patzau for <br />ongoing party status in accordance with Construction Materials Rule 2.6. Lori Potter, <br />Esquire, appeazed on behalf of Tom and Cazol Patzau. Steve Brown, Assistant Attorney <br />General, appeazed on behalf of the Division. Bazbaza Green, Esquire, appeazed on behalf <br />of Abbott Ready Mix. <br />The Boazd, having considered the request and the responses thereto, and the <br />azguments of the parties, and having been otherwise fully informed in the premises, <br />hereby fords and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />Abbott Ready Mix operates a Section 112c thirty-five acre sand and gravel <br />mining operation known as the Abbott Gravel Pit on the Uncompahgre River in <br />Section 21, T45N R8W, N.M.P.M., Ouray County Colorado. <br />2. On June 23`a, the Division notified Abbott Ready Mix of a possible violation for <br />off-site damage in the form of erosion on the east river bank beyond the boundary <br />of affected lands. The Division issued this notice after observing the damage <br />