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r <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />BOARD ORDER <br />IN THE MATTER OF MCSTONE AGGREGATE, LLC, PERMIT NUMBER M-2008- <br />0109 <br />Permitted site: Mud Creek Pit <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on June <br />11, 2008, in Denver, Colorado for a hearing to consider a 112 application where objections <br />have been received. The permit number in this matter is M-2008-010. Tony Waldron, <br />Senior Environmental Protection Specialist from the Division of Reclamation Mining and <br />Safety ("Division") appeared in person. Kate Pickford, Environmental Protection Specialist <br />appeared by telephone on behalf of the Division. Cathy Stone appeared by telephone on <br />behalf of McStone Aggregate, LLC (hereafter "Applicant"). The objectors, Catherine Neva <br />and Debra Cross (hereafter "Objectors") did not appear. Jeff Fugate, Assistant Attorney <br />General and counsel for the Division appeared in Person <br />A prehearing conference was conducted by the Division's prehearing conference <br />officer, Sandra Brown on May 29, 2008. The Applicant, the Objectors and representatives <br />for the Division were present in person or by telephone for the prehearing conference. A <br />third person, Nancy Segal, filed an objection but failed to appear for the prehearing <br />conference and thus forfeited party status pursuant to the Mineral Rules and Regulations of <br />the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials <br />(hereafter "Board Rule") 2.7.3(4). Ms. Brown submitted a proposed prehearng order for the <br />Board's consideration pursuant to Board Rule 2.7.2. <br />The Board having been otherwise fully informed of the facts in this matter hereby <br />enters the following findings of fact, conclusions of law and order: <br />1. The Applicant filed an application for a 112c reclamation permit on a site <br />located at Section 36, Township 36 North, Range 14 West, 10`s P.M. The site consists of <br />approximately 154.4 acres and is known as the Mud Creek Pit. <br />2. The Board has jurisdiction over this matter pursuant to Section 34-32.5-104, <br />105 and 106, C.R.S. of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. Section 34-32.5-101 et seq. C.R.S. (2007) (hereafter "the Act"). <br />3. Pursuant to §34-32.5-105, C.R.S., the Board may delegates its responsibility to <br />approve reclamation permits to the director except for regular permits under section §34- <br />32.5.112, C.R.S., where there is a written objection. <br />McStone Aggregate, LLC <br />Permit No. M-2008-010