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<br />BEFORE THE MINED LAND RECLAMATION BOARD FEB Z '~ PCuS <br />STATE OF COLORADO <br />9ivisioa of Pliirer ?~ GcaloF.Y <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE RECONSIDERATION OF PERMIT APPROVAL FOR A <br />SECTION 112 RECLAMATION PERMIT, COULSON EXCAVATING CO., INC., FILE <br />NUMBER M-2002-078 ~ <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 19, 2005, in Denver, Colorado for a hearing to reconsider the Section 112c <br />Reclamation Permit approval of Coulson Excavating Co., Inc. ("Applicant"). The file <br />number in this matter is M-2002-078. j ter Wayland of WSI Weiland, Inc. appeared on <br />behalf of the Applicant. Tom Schreiner appeared on behalf of the Division of Minerals and <br />Geology ("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 />1. The Applicant intends to excavate sand and gravel from a 119-acre site known as the Stroh <br />Pit. It is located in Section 23, Township 5 North, Range 65 West, 6`h P.M., Larimer <br />County, Colorado. <br />2. On August 12, 2003, the Division approved a Section 112 Reclamation Permit application <br />for the Stroh Pit. The financial warranty for Phase One was set at $145,500. <br />3. Construction Materials Rule 4.1(2) requires applicants to submit financial warranties within <br />one year of permit approval. If a financial warranty is not received within one year, the <br />Board must hold a hearing to reconsider the perniit approval. The Division did not receive <br />the applicable financial warranty within one year of the application's approval. <br />Vy" ' J <br />