Laserfiche WebLink
i <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />ON TWO PETITIONS FOR RECONSIDERATION OF THE GRANTING OF A PERMIT IN THE <br />MATTER OF FOUR STATES AGGREGATES, LLC, THE LINE CAMP PIT SITE, F[LE NO. <br />M-2001-001 <br />THIS MATTER having come before the Mined Land Reclamation Board ("Board") on August 22, 2001, for a <br />hearing pursuant to Construction Material Rule 2.9, the Board makes the following Findings of Fact and <br />Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />The Board held a contested 112 Permit Application hearing on File No. M-2001-001 on May <br />23, 2001 ("Permit Hearing"). The Board's Order granting a 1 12 Construction Materials Permit <br />in this matter, dated June I I, 2001, is incorporated by reference herein. <br />2. On July 5, 2001, the Division received from David B. Wuchert, an individual party objector in <br />the Pemtit Hearing, a Petition for Reconsideration made pursuant [o Construction Material <br />Rule 2.9. On July 2, 2001, the Division received from the Akins/Stepe party objector, through <br />counsel Jatnes E. Preston, a Petition for Reconsideration. Both petitions were timely filed. <br />3. A petition for reconsideration must show that the Board's decision should be changed due to <br />the existence of newly discovered evidence or facts which could no[ have been discovered <br />before the original decision was rendered. New Jersey Zinc Co. v. Colorado Mined Land <br />Reclamation Board, 738 P.2d 51, 53 (Colo. App. 1987). <br />4. Neither Mr. Wuchert's nor [he Akins/Stepe party's petitions contain any newly discovered <br />evidence or facts which could no[ have been discovered before [he Petition Hearing. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board orders that both of the aforementioned <br />Petitions for Reconsideration are DENIED. <br />~~ <br />Dated this 3 day of , 2001 <br />MINED LAND RECLAMATION BOARD: <br />Michael B. Long, ' ector <br />Division of Minerals an <br />