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RECEIVED <br />BEFORE THE MINED LAND RECLAMATION BOARD OCT 01 2002 <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER RECONSIDERATION OF THE APPROVAL OF A 110(2) APPLICATION FOR <br />COLORADO MINING/SMELTING, INC., FII.E NO. M-1990-040 <br />THIS MATTER came before the Mined Land Reclamation Board on September 18, 2002 at Denver, <br />Colorado for hearing to reconsider the approval of the Division of Minerals and Geology (Division) for the <br />1 10(2) permit application of Colorado Mining/Smelting, Inc., in accordance with Hard Rock/Metal Mining Rule <br />4.1(2). The Applicant did not appear. Erica Crosby appeared on behalf of the Division. The Board, having <br />considered the position of the Division, and having been otherwise fully informed in the premises, hereby finds <br />and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Applicant applied fora 110(2) reclamation perntit fora 10 acre gold and silver mine, known as the <br />Stinson Patch Mine located in Section 32, T6S, R77W, Summit County, Colorado. <br />2. The Division approved this application on May 15, 1990. The Division has never received a financial <br />warcanty for this application. <br />3. The Division inspected the site on July 18, 2002 and found no evidence of mining. <br />4. The Division sent the operator notice of this proceeding, but received no response. <br />5. Hard Rock/Metal Mining Rule 4.1(2) provides that if a permit applicant fails to submit the required <br />financial warranty within one calendar year of approval of the application, the Board shall hold a <br />hearing to reconsider the Division's approval. <br />6. The Applicant did no[ submit a financial warranty within one calendar year of the application's initial <br />approval, and has expressed no intention to proceed with the proposed mining operation. Therefore, it <br />is appropriate to deny the application. <br />