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<br />~_ <br /> <br />10. The Board held the Final Hearing in this matter on June 22, 1999, in Denver, <br />Colorado. The Division attended as staff to the Board. <br />I I. At the Final Hearing, the Board's attorney presented [he pre-hearing order [o the <br />Board on behalf of Mr. Cooley, who was unable to attend the hearing. After considering the pre- <br />hearing order, the Board adopted the pre-hearing order as submitted. The objector party did not <br />appear a[ [he Final Hearing to make a presentation on the issue set out in the pre-hearing order. <br />12. As a result of the failure of the objecting party to present its case at the hearing, the <br />Board is within its authority to consider the issue presented on [he written submittals of the objector <br />party. <br />13. The Division recommended to the Board a[ [he Final Hearing that the financial <br />warranty for the site be set at $54,700.00. <br />l4. The Board finds that the objector's concerns regarding water are limited to <br />dewatering of [he pit into the Arkansas River, and potential for fuel spills [hat may affect water <br />quality. The Board further finds that the permit application shows that the pit will not be dewatered <br />because it will be awet-mining operation, and finds that there will be no fuel stored or brought on <br />site aside from that in the fuel tanks of the equipment used on site. <br />15. The Board concludes that the permit application fulfills the requirements of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, Sections 34-32.5-1O1 <br />et seg., C.R.S. (1998), and the rules promulgated thereunder. <br />ORDER <br />Based on [he above findings of fact and conclusions of law, the Board hereby APPROVES All Rite <br />Paving's 112 permit application with financial warranty to be set at $54,700.00. <br />Dated thi~~ day of July, 1999 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />FOR THE BOARD: <br />BY: - <br />MICHAEL B. LO r <br />Division of Minerals and Geology <br />M bss\pmm\board ordcrs~n99-005 Ido.doc <br />