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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO File No. M-79-140 IN THE MATTER OF THE LEMOINE P1T, AMENDMENT APPLICATION AM-O1 FINAL DECISION AND ORDER The Formal Public Hearing on the Lemoine Pit Amendment Application Am-O1 was held on October 2l, 1998, during the regular meeting of the Mined Land Reclamation Board (the "Boazd"), at the Elks Lodge in Victor, Colorado. PRELIMINARY MATTERS The Boazd reviewed the Draft Hearing Order, and noting that there were no objections filed with the Division of Minerals and Geology (the "Division"), unanimously approved the adoption of the Draft Order in the version proposed. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Following disposition of the Preliminary Matters, the Boazd proceeded to consider the Proposed Amendment Application. The Applicant, Delta County, was represented by Bradley Kolman, Esq., Delta County Attorney, and by Bruce Bertram, staff to Delta County. Other parties in this matter present at the Hearing, representing themselves as objectors, were Lisa Barnes and Michael Bums. Division staff and representatives of the Applicant provided testimony and submitted exhibits in the form of materials included in the application and from the general files for this permitted site, pertinent to the content of the objections. The Division staff and the Applicant's representatives responded [o questions from the Board. Although provision for testimony of the other interested parties in this matter and of members of the general public is made in the Hearing Order, no other parties or members of the public cmae forward to testify at the Heazing. Having heard the testimony of the Applicant and the Division, having considered the statements made during cross examination by the Board, having reviewed the documents submitted in evidence, and having conducted public deliberation, the Board rules as follows: