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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 THE APPLICATION OF LAFARGE WEST, INC. FOR A <br />SECTION 112 SURFACE SAND AND GRAVEL PERMIT AMENDMENT OVER <br />OBJECTIONS, FILE NO. M-2001-090 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />September 24, 2003, in Denver, Colorado for a hearing to consider the application of <br />Lafazge West, Inc. ("Applicant') for a section 112 permit amendment. Tom Schreiner <br />appeared on behalf of the Division of Mines 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 />law and order: <br />The Applicant operates an existing sand and gravel site known as the River Valley <br />Resources site located in Sec. 21', TSSN, R84W, 6ei P.M. in Routt County, Colorado. <br />2. The Applicant filed a complete Regular 112 Amendment Application ("Amendment <br />Application") with the Division on Tune 4, 2003. -The Amendment Application seeks <br />approval for an additiona122.85 acres to be added to the existing 105.41 permitted acres, <br />resulting in a total of 128.6 acres of surface sand,and gravel operations at the site. <br />3. On July 28, 2003, during the public comment period for the Amendment Application, the <br />Division received a notice of objection from Jane and Ervin O'Dell ("Objectors'. The <br />objection raised numerous questions about the expansion of the existing sand and gravel <br />operation. The Division set apre-hearing conference for August 28, 2003, and duly <br />notified the Objectors of the pre-hearing conference by mailing conference notices to the <br />