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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO ~ ~ OlQ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPEAL OF TRANSIT MIX OF PUEBLO FROM THE <br />DIVISION DECISION DENYING A PARTIAL ACREAGE RELEASE REQUEST, FILE <br />NUMBER M-1977-573 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 27, 2004, in Denver, Colorado for a hearing to consider the appeal of Transit Mix of <br />Pueblo ("Petitioner") from the Division's decision denying Petitioner's request for a partial <br />release of acreage subject to a reclamation obligation. The file number for this matter is M- <br />1977-573. Michael Heifer appeared on behalf of the Petitioner. Berhan Keffelew appeared <br />on behalf of the 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 />law and order: <br />1. The Petitioner obtained approval from the Board of a Section 112c construction materials <br />permit application, with conditions, on August 15, 1977. The site of the mining activity is <br />in Section 32, Township 20 South, Range 65 West, 6`h Prime Meridian, Pueblo County, <br />Colorado. The permitted area is approximately 235 acres and is known as the Pueblo West <br />Pit site. Mining activity has ceased within the permitted area and the land is now in the <br />process of being reclaimed. <br />2. The Petitioner appeals the Division's decision denying the Petitioner's request for a partial <br />release of 104.67 acres within the permit area. The Division denied Petitioner's request on <br />