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RECEIVED <br />BEFORE THE MINED LAND RECLAMATION BOARD JUL 0 g 2004 <br />STATE OF COLORADO <br />Division of Minerals and Geology <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPLICATION OF EVERIST MATERIALS, LLC, <br />FILE NO. M-1998-052 <br />THIS MATTER came before the Colorado Mined Land Reclamation <br />Board ("Boazd") on 3une 23, 2004 in Denver, Colorado, for a hearing to consider a <br />proposed conversion of a Section 110c reclamation permit into a Section 112 reclamation <br />permit on behalf of Everist Materials, LLC ("Applicant"). The file number in this matter <br />is M-1998-052. Greg Norwick and Larry Brown appeared on behalf of the Applicant. <br />There were no appearances on behalf of the Objectors. Allen Sorenson appeared on <br />behalf of the Division of Minerals and Geology ("Division"). <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in this matter, hereby enters the following findings <br />of fact, conclusions of law and order: <br />The Applicant intends to expand the present sand and gravel extraction <br />operation from 9.9 acres to 89 acres, 42 acres of which will be affected by <br />dredge rock removal. The site is located in Section 24, Township 6 South, <br />Range 77 West, 6th Principal Meridian in Summit County, Colorado. The <br />site is known as the Mascot Placer site. The proposed post-mining land <br />use is wildlife habitat. <br />The Applicant seeks to convert an existing Section 110c limited impact <br />permit, issued by the Board in 1993 to Rock Island Land Co. LLC (the <br />Applicant's predecessor), to a Section 112c reclamation permit in order to <br />