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:~ <br />RECEIVED <br />BEFORE THE MINED LAND RECLAMATION BOARD ~ 2 ~ <br />STATE OF COLORADO Girision of Minerals and Gaoloev <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER w <br />IN THE MATTER OF ZMK CONSTRUCTION, INC., FILE NUMBER M-1991-146 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />March 30, 2004, in Denver, Colorado for a hearing to consider a Motion to Dismiss <br />Uncompahgre Land Partners, Ina ("ULP"), filed on behalf of the Division of Minerals and <br />Geology ("Division"), file number M-1991-146. Cheryl Linden and Wallace Erickson <br />appeared on behalf of the Division. James O. Patterson appeared (via teleconference) on <br />behalf of ULP. <br />The Boazd, 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 />ZMK Construction, Inc. ("ZMK") operates a sand and gravel extraction business along the <br />banks of the Uncompahgre River, approximately 5 miles north of Ouray in Ouray County, <br />Colorado. The extraction operation is located in the Northwest'/< of the Southwest''/o of <br />Section 2, Township 44 North, Range 8 West, NMPM, Ouray County, Colorado. The <br />permitted azea is approximately 8.72 acres. ZMK obtained Board approval to extract sand <br />and gravel pursuant to a Surface 110c Permit issued in 1991. <br />2. ULP owns property located approximately 440 feet upstream from the south boundary of <br />the ZMK permitted area. <br />On June 13, 2003, the Division inspected the ZMK operation in response to complaints from <br />ULP. On October 6, 2003, the Division again received a complaint from ULP. A <br />