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FcF, <br />BEFORE THE MINED LAND RECLAMATION BOARD oy. oF~ ~~`® <br />STATE OF COLORADO s'ono~ ~~~ <br />gi, <br />nod, <br />J <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER aorCe%Ay <br />IN THE MATTER OF THE APPLICATION OF CHURCH RANCH, FILE NO. M-1987- <br />113 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />October 29, 2003, in Denver, Colorado for a hearing to reconsider the permit approval of a <br />previous permit application approval where the financial warranties were not submitted <br />within 365 days of the application approval. Tony Waldron appeared on behalf of the <br />Division of Mines and Geology ("Division"). Steve O'Brien, Chazles McKay and John <br />Neiley appeared on behalf of the Applicant. <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Applicant proposes to extract sand and gravel from a 223.40-acre site located in <br />Southeast 1/4 Section 9, Township 2 South, Range 70 West, 6`h Principal Meridian in <br />Jefferson County, Colorado. The site is known as the Rocky Flats Pit. <br />2. The Boazd approved the Applicant's original Regular 112 Application ("Application") on <br />November 20, 1987. <br />3. The Applicant failed to post a bond within 365 days of the approval, as required by <br />Construction Materials Rule 4.1(2). <br />4. The Applicant has informed the Board that the delay in posting a bond was the result of a <br />continuing lawsuit between the Applicant and the United States Department of Energy. <br />