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-t. <br />~~ ~ ~ ~}~~L~~ <br />BEFORE THE MINED LAND RECLAMATION B ARD <br />STATE OF COLORADO ,~~ <br />R~~~~ ~~ <br />~EC 17 2001 <br />Division of Reclamation, <br />Mining and ~'afety <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL BOARD ORDER <br />IN THE MATTER OF WESTERN GRAVEL, INC., RECONSIDERATION OF A <br />PREVIOUS PERMIT APPROVAL OF THE DIVISION OF RECLAMATION MINING <br />AND SAFETY, BELLGARDT PIT, PERMIT NUMBER M-~ 6-032 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 14, 2007, in Denver, Colorado for a hearing to reconsider a prior permit approval <br />issued to Western Gravel, Inc. (hereafter "Applicant" or "Western Gravel") where the <br />financial warranties were not submitted within one calendar year of the original approval <br />pursuant to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials, Rule 4.1(2). The file number in this <br />matter is M-2006-032. Wallace H. Erickson, Environmental Protection Specialist appeared <br />on behalf of the Division by telephone. Judy DeVincentis appeared in person on behalf of <br />Western Gravel. <br />The Board, having considered the presentation provided by the Division and by the <br />Applicant and having been otherwise fully informed of the facts in this matter, hereby enters <br />the following findings of fact, conclusions of law and order: <br />1. The Applicant proposes to extract sand and gravel from a 36 acre site located <br />in Section 24, Township 49 North, Range 8 West of the 6`h Principal Meridian in Montrose <br />County, Colorado. The site is known as the Bellgardt Pit. <br />2. The Board has jurisdiction over this matter pursuant to Section 34-32.5-104, <br />C.R.S. of the Colorado Land Reclamation Act for the Extraction of Construction Materials. <br />Section 34-32.5-101 et seq. C.R.S. (2007) (hereafter "the Act"). <br />3. The Division approved the Applicant's original Section 112 Reclamation <br />Permit on July 24, 2006. <br />4. Rule 4.1(2) of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials, requires operators to submit <br />financial warranties within one calendar year of an application approval. If financial <br />warranties are not submitted within that calendar year, the Board must hold a hearing to <br />reconsider the previous approval. <br />Western Gravel, Inc. Reconsideration <br />Permit No. M-2006-032 <br />