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~- T ~~~ <br />FED L 2 2~t~5 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO 6iiisiaa n; t..:.:-r- ' -~ulopY <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPEAL OF WHITEWATER BUILDING MATERIALS <br />FROM THE DIVISION DECISION REQUIRING A STIPULATION TO A TECHNICAL <br />REVISION APPROVAL, FILE NUMBER M-1977-129 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 19, 2005, in Denver, Colorado for a hearing to consider the appeal of Whitewater <br />Building Materials ("Petitioner") from the Division's decision requiring a stipulation to the <br />approval of a technical revision. The file number for this matter is M-1977-129. Edward M. <br />Gardner appeared on behalf of the Petitioner. Steve Shuey appeared on behalf of the <br />Division of Minerals and 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 />]aw and order: <br />The Petitioner obtained approval from the Board of a Section 112c construction materials <br />permit application on September 22, 1977. The site of the mining activity is in Section 29, <br />Township 12 South, Range 99 West, 6`h Prime Meridian, Mesa County, Colorado. The <br />permitted area is approximately 689.01 acres and is known as the Whitewater Pit 500 site. <br />2. The Petitioner sought a technical revision of permit M-1977-129 from the Division to <br />address problems noted during a May 11, 2004 Division inspection and to address changes <br />in the reclamation plan sought by the Bureau of Land Management ("BLM"). The BLM <br />now administers property adjacent to and within the permit area for fish recovery efforts on <br />the adjacent Gunnison River. TR-2 proposes a number of changes to the existing <br />C~/~ <br />