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.- , <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE CENTEX EAGLE GYPSUM COMPANY, LLC, RECONSIDERATION OF <br />AMENDMENT NO. 2 APPROVAL, FII.E NO. M-1984-041. <br />THIS MATTER came before the Mined Land Reclamation Boazd on January 24, 2002 at Denver, <br />Colorado for hearing to reconsider the amendment approval by the Division of Minerals and Geology <br />(Division), in accordance with Hazd Rock/Metal Mining Rule 4,1(2)..Stephen Onorofskie agpeazed on behalf of <br />the Applicant, Centex Eagle Gypsum Company, LLC. Bruce Humphries and Gregg Squire appeazed on behalf <br />of the Division of Minerals and Geology (Division). The Boazd, having considered the request, and having been <br />otherwise fully informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Applicant applied for an amendment to its Section 112 reclamation permit for its gypsum mine, located <br />in Section 32, T4S, RSSW, 6'" P.M., Eagle County, Colorado. The Division approved that amendment <br />application on January 30, 2001. <br />2. In accordance with Hazd Rock/Metal Mining Rule 4.1(2), Applicant has one calendaz yeaz from the date <br />its application is approved to post the fmancial warranty for the amendment. ff the Division does not <br />receive [he warranty by then, the Board must reconsider the Division's approval of the application. <br />3. Applicant's supplemental fmancial warranty for this amendment is due January 30, 2002. <br />4. Applicant has not posted the warranty because it is unable to mitre in the amended azea until the Bureau <br />of Land Management finishes the environmental assessment. Applicant estimates that it will not <br />exhaust the mineral reserves in the existing permit area until 2005. Under these circumstances, <br />Applicant desires that the Boazd affirnt the Division's decision to approve the amendment application, <br />and not require [hat the warranty be submitted until 2005. - <br />Denying the application now would serve no purpose consistent with the,Colorado Mined Land <br />Reclamation Act. Applicant cannot operate in the amended azea until the warranty is submitted and the <br />amended permit is issued. Therefore, there is no risk that Applicant will proceed to mirte with an <br />