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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE ALLEN P. SMALL TRUCKING AND EXCAVATING, INC., RECONSIDERATION OF 110c PERMTT APPLICATION APPROVAL, FII.E NO. M-2000-103. THIS MATTER came before the Mined Land Reclamation Board on January 24, 2002 at Denver, Colorado for hearing to reconsider the 110c permit application approval by the Division of Minerals and Geology (Division), in accordance with Constmction Materials Rule 4.1(2). The Applicant did not appeaz. Bruce Humphries appeared on behalf of the Division of Minerals and Geology (Division). The Board, having considered the request, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Applicant applied fora 110c permit to mine soil The proposed site is a 1.25 acre area in Section 9, T34N, R9W, 10`~ P.M., La Plata County, Colorado. 2. The Division approved that application on October 16, 2000. 3. In accordance with Hazd Rock/Metal Mining Rule 4.1(2), Applicant has one calendaz yeaz from the date its application is approved to post the financial warranty for the amendment. If the Division does not receive the warranty by then, the Boazd must reconsider the Division's approval of the application. 4. The Division did approve the financial warranty for this permit, but an acceptable warranty was not received until November 6, 2001, past the one yeaz deadline. Therefore, the Board is obligated to reconsider the application. 5. The Applicant first submitted a proposed financial warranty in September of 2001. The Applicant explained that it's failure to post an adequate warranty on time was due to miscommunications with its insurance company. 6. The Division reports no issues with the application or the warranty, and therefore recommends that the application be approved.