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- ssS~ sb~~ e6ml Sme ~n~-~d o~~~~! <br />R~'CE19r/~D <br />l~ L lP G '~UN f 5 70 <br />BEFORE THE MINED LAND RECLAMATION BOARD OG <br />STATE OF COLORADO ~"ter"n o1 M'~erekmd6e~~, <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF BENSON ROTHERS' SECTION 112 RECLAMATION PERMIT <br />APPLICATION, OVER OBJECTIONS, FILE NO. M-2005-071 ,/ <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on May <br />10, 2006, in Denver, Colorado for a hearing to consider the request of Benson Brothers <br />("Applicant") for a Section 112 Reclamation Permit. The file number in this matter is M- <br />2005-071. Michael Ripp of MVR Resources, Inc. appeared on behalf of the Applicant. Lori <br />Potter appeared on behalf of the Coalby Canyon Association. Cheryl Linden, Tanya Light <br />and Steve Shuey appeared on behalf of the Division of Minerals and~Geology ("Division"). <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 />1. The Applicant intends to extract red shale from a 29.5-acre site located approximately <br />three miles northwest of Cedazedge, Colorado in Section 13, Township 13 South, Range <br />95 West, 6`h Prime Meridian, Delta County, Colorado. The Applicant proposes to disturb <br />no more than six acres at any one time and will reclaim portions of the site as mining is <br />completed. The site is known as the Benson Brothers' Red Shale Pit. The proposed post- <br />mining land use is rangeland. <br />2. The Applicant filed a complete Section 112 Reclamation Permit application with the <br />Division on November 30, 2005. The Applicant filed an amendment to the application <br />on February 15, 2006. The Division received a total of seventeen comment letters <br />during both public comment periods. <br />rR ~nnc <br />i <br /> <br />