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oa r ~ ~r~P~ <br />,~. M~ ~~~/T~~~~~~~ <br />BEFORE THE MINED LAND RECLAM ION BOARD y~'~R ?$?~~ <br />STATE OF COLORADO ~n~ia:c,~ ~> <br />rc:_. o , _: ,.... <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF BENSO BROTHERS' APPEAL OF A DIVISION DECISION <br />THAT A PERMIT AMENDMENT IS REQUIRED FOR A NE W WATER SOURCE, FILE <br />NO. M-2005-071_ , <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />April 11, 2007, in Denver, Colorado for a heazing to consider a petition filed by Benson <br />Brothers ("Petitioner") challenging a decision of the Division of Reclamation, Minerals and <br />Satety ("Division"). Specifically, the Petitioner challenges the Division's decision that a <br />permit amendment, not a technical revision, is required for a new water source not described <br />in the Petitioner's permit application. The file number in this matter is M-2005-071. Ed <br />Benson and Michael Ripp of MVR Resources, Inc. appeazed on behalf of the Petitioner. <br />Steve Shuey appeazed 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 />The Petitioner intends to extract red shale from a 29.5-acre site located approximately <br />three miles northwest of Cedazedge, Colorado in Section 13, Township 13 South, Range <br />95 West, 6`h Prime Meridian, Delta County, Colorado. The Petitioner proposes to disturb <br />no more than six acres at any one time and will reclaim portions of the site as mining is <br />completed. The site is known as the Benson Brothers' Red Shale Pit. The proposed post- <br />mining land use is rangeland. <br />Petition on Division Decision <br />Benson Bros., M-2005-071 <br />