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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF HALL-IRWIN CORPORATION, MV NO. 2008-005, PERMIT NO. <br />M-2006-003 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on April' <br />9, 2008 in Denver, Colorado for a hearing to consider two separate issues. The first concerns <br />a possible notice of violation, cease and desist order, corrective action and civil penalties <br />sought by the Division of Reclamation, Mining and Safety ("Division") against Hall-Irwin <br />Corporation ("Operator") for mining without a permit, pursuant to the requirements of § 34- <br />32.5-109(1), C.R.S. The second concerns reconsideration of a previous Division approval of <br />an application for a permit due to the Operator's failure to provide the financial warranty and <br />performance warranty within one calendar year of approval of the application as required by <br />Rule 4.1(2) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials (hereafter "Construction Material <br />Rules"). <br />Peter Hays appeared on behalf of the Division. Peter Ziemke, general counsel for <br />Hall-Irwin Corporation appeared on behalf of the Operator. Jim McFarland, Aggregate <br />Division Manager and Jim Lang were also present for the Operator. Carl Mount also <br />testified on behalf of the Division. <br />The Board, having considered the Division and Mr. Ziemke's presentation and the <br />Unpermitted Construction Material Extraction or Exploration Operation Presentation Form <br />("Presentation Form") submitted by Mr. Hays and the slides presented at the hearing by Mr. <br />Hays and having been otherwise fully informed of the facts in this matter, hereby enters the <br />following findings of fact, conclusions of law and cease and desist order. <br />1. The Operator applied for an 112c reclamation permit, which the Division <br />approved on June 14, 2006 for the Parker-Dersham Resource site. The property is located in <br />Section 36, Township 1 North, Range 67 West, of the 6`h Principal Meridian in Weld County,' <br />Colorado and consists of approximately 52.3 acres. <br />2. Once the Division approves a reclamation permit the operator has 365 days to <br />post the financial warranty. The financial warranty was not posted within 365 days of June <br />14, 2006 in this matter and consequently the Division did not issue the permit to the <br />Operator. <br />Hall-Irwin Corporation <br />M-2006-003