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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />3-~k - ds <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPEAL OF CEMEX, INC. FROM THE DIVISION <br />DECISION DENYING A PARTIAL ACREAGE RELEASE REQUEST, FILE NUMBER <br />M-1993-041 ~ <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 15, 2005, in Denver, Colorado for a hearing to consider the appeal of Cemex, Inc. <br />("Petitioner") from the decision of the Division of Minerals and Geology ("Division") <br />denying Petitioner's request for a partial release of acreage subject to reclamation. The file <br />number for this matter is M-1993-041. Maureen Jacoby appeared on behalf of the <br />Petitioner. Eric~Crosby appeared on behalf of the 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 Board approved the Petitioner's Section 112 construction materials permit application <br />on Dec 8, 1994 and the Division issued the permit on February 1, 1995. The site of the <br />requested acreage release is in Section 9, Township 3 North, Range 40 West, 6`h Prime <br />Meridian, Boulder County, Colorado. The permitted area is approximately 1,942 acres and <br />is known as the Dowe Flats site. The area that is the subject of Petitioner's request consists <br />of two parcels that total 87.88 acres within the larger permitted area. One parcel consists of <br />2.0 acres and the second parcel consists of 85.88 acres. <br />The Petitioner appeals fire Division's decision denyine the Petitioner's request for a release <br />of the 87.88 acres within the permit area. The Division asserts that the uses of the two <br />