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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />DRAFT FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE PETITION FOR RECONSIDERATION, <br />HALDORSON AND SONS, INC., FILE N0. M-2003-037 <br />THIS MATTER came before the Colorado Mined Land Reclamation <br />Boazd ("Board") on Mazch 30, 2004 in Denver, Colorado, for a hearing to consider a <br />Petition for Reconsideration in the matter of Haldorson and Sons, Inc. ("Petitioner"), File <br />Number M-2003-037. Thomas Smith appeared on behalf of the Petitioner. Susan <br />McIntosh appeazed on behalf of the Objectors. Russell Means, Kate Pickford and Steve <br />Brown appeazed on behalf of the Division of Minerals and Geology ("Divisior"). <br />The Boazd, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in this matter, hereby enters the following findings <br />of fact, conclusions of law and order: <br />The Petitioner intends to extract sand and gravel and to process such <br />materials from a 156-acre site located three miles northwest of Montrose, <br />Colorado in Section 24, Township 49 North, Range 10 West, 10`h <br />Principal Meridian in Montrose County, Colorado. <br />2. On October 30, 2003, the Board approved the Petitioner's Construction <br />Materials Application, File No. M-2003-037. The Board's approval was <br />based on three conditions, the second of which ("Condition #2") obligated <br />the PetinGIIer tG CGnd'u'Ct gr0[IndWater iTiGnitvitng fGr one fUii year pnvr t0 <br />the start of mining activities at the site. <br />