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~~ REDE9VED <br />BEFORE THE MINED LAND RECLAMATION BbARD JUN 2 5 2004 <br />STATE OF COLORADO Division of Minerals & Geology <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPEAL OF PLATTE SAND AND GRAVEL FROM THE <br />DNISION DECISION DENYING A TECHNICAL REVISION AND REQUIRING A <br />PERMIT AMENDMENT, FILE NUMBER M-2000-158 / <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on May <br />26, 2004, in Denver, Colorado for a hearing to consider the appeal of Platte Sand and <br />Gravel, LLC ("Petitioner") from the Division's denial of the Petitioner's request to submit <br />changes to a reclamation permit through a technical revision rather than a permit <br />amendment. The file number for this matter is M-2000-158. Tom Sharkey appeared on <br />behalf of the Petitioner. Cazl Mount appeared on behalf of the Division of Minerals and <br />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 Boazd of a Section 112c construction materials <br />permit application, with conditions, on June 27, 2001. The site of the proposed mining <br />activity is in Section 35, Township 4 North, Range 67 West, 6`h Prime Meridian, Weld <br />County, Colorado. The site is approximately 1,239.40 acres. The site's currently proposed <br />post-mining land use is recreational and wildlife habitat. Mining has not yet commenced <br />on the site. <br />2. The Petitioner seeks to revise the proposed post-mining land use from recreational and <br />wildlife habitat to developed water uses (lined water storage reservoirs). The Petitioner <br />"~ <br />Cbvy <br />