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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER <br />IN THE MATTER OF J & D SAND AND GRAVEL, RECONSIDERATION OF THE <br />DIVISION'S ORIGINAL APPROVAL DECISION WHERE FINANCIAL WARRANTY <br />WAS NOT RECEIVED WITHIN 365 DAYS, File No.: M-2007-058 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 11, 2009, in Denver, Colorado for a hearing to reconsider the Division's original <br />application approval where the financial warranty was not received within 365 days. The file <br />number is M-2007-058. Jack Corson appeared on behalf of J & D Sand and Gravel <br />("Operator"). Russ Means appeared on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). <br />The Board, having considered the Division's and Operator's testimony and <br />presentations, and having been otherwise fully informed of the facts in the matter, hereby <br />enters the following findings of fact, conclusions of law and Board Order: <br />FINDINGS OF FACT <br />1. The Operator's application for a Section 110(c) reclamation permit for rock, <br />sand, and gravel was approved by the Division on November 12, 2007. <br />2. The application proposed conducting a construction materials mining <br />operation on an 8.14 acre site known as the Sheehan Pit. The site is located in Section 21, <br />Township 12 North, Range 89 East, 6t' Principal Meridian, in Moffat County, Colorado. <br />3. The financial warranty was set at $16,946. <br />4. On August 1, 2008 the Division sent the Operator a letter indicating the <br />Operator had-until-November 1-2; 2008 to post the financial-warranty-or a hearing-would-be <br />scheduled in front of the Board pursuant to rule 4.1(2) of the Mineral Rules and Regulations <br />of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials <br />("Construction Rules"). <br />5. By December 18, 2008 the Division had not yet received the required financial <br />warranty and therefore issued a Notice of Formal Public Hearing for consideration of the <br />original application approval. The Operator published notice that the permit application <br />would be reconsidered by the Board in the Craig Daily Press, in compliance with the Public <br />J & D Sand and Gravel <br />Sheehan Pit <br />Reconsideration of Permit Approval <br />M-2007-058