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~J <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br /> <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPEAL OF THE APPROVAL OF TECHNICAL REVISION NO. <br />TR-O1 FOR ROBINSON BRICK COMPANY, LARIAT MINE, PERMIT NO. M-77-251. <br />THIS MATTER came before the Mined Land Reclamation Board on September 21, 2000 at <br />Denver, Colorado for the hearing of an appeal of the Division of Minerals and Geology's approval of <br />technical revision TR-Ol for Permit No. M-77-251, pursuant to § 34-32.5-107(2), C.R.S. Carl Mount <br />appeared on behalf of the Division. Joshua B. Epel of Gablehouse and Epel, LLC, and Cynthia <br />Beyer-Ulrich of Harvey W. Curtis and Associates appeared on behalf of Petitioner John Stockwell. <br />Michael Leidich and Mark Chalmers appeared on behalf of Robinson Brick Company. The Board, <br />having considered all the testimony and exhibits, and having been otherwise fully informed in the <br />premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Petitioner John Stockwell appeals the decision of the Division of Minerals and Geology to <br />approve technical revision TR-OI for Permit No. M-77-251, the permit for Robinson Brick <br />Company's Lariat Mine. <br />2. The Lariat Mine is a clay mine located on the NEl/4 of Section 16, T6S, R69W, 6`h P.M., <br />Jefferson County, Colorado. The mine permit area is 423 acres, with a total current <br />disturbance of 9.5 acres. <br />3. Robinson Brick is currently authorized to affect up to thirty-five acres at any one time. The <br />mine plan provided for mining the permit area in stages. Currently, the company is mining <br />in stage 1. Prior to the technical revision, the company planned to mine stage 1, then move <br />to stage 2. Mr. Stockwell owns that part of the land in Section 16 on which stage 2 is <br />