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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 GLENN E. SESSIONS & SONS, INC., RECONSIDERATION OF <br />PREVIOUS APPROVAL OF APPLICATION WHERE FINANCIAL WARRANTY WAS <br />NOT POSTED WITHIN ONE CALENDAR YEAR OF APPROVAL, File No. M-2007-035 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on July <br />8, 2009, in Denver, Colorado for a hearing to reconsider the previous approval of a I I2(c) <br />application because a financial warranty was not posted within one calendar year of <br />approval. The file number is M-2007-035. Peter Hays appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). There were no appearances on behalf of <br />Glenn E. Sessions & Sons, Inc. ("Operator"). <br />The Board, having considered the Division's presentation and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and order: <br />FINDINGS OF FACT <br />1. The site at issue here is located in Section 9, Township 9 North, Range 79 <br />West, 6`h Principal _Meridian, in Jackson County, Colorado. The 20.31 acre site is near <br />Walden, Colorado. <br />2. On September 17, 2007, the Division approved a 112(c) application for this <br />site that proposed about 20.31 acres of disturbance for mining sand and gravel, file number <br />M-2007-035. The Division set the required financial warranty at $35,527. <br />3. The Operator was required to post the $35,527 financial warranty by <br />September 17, 2008 (365 days from the permit application approval date). <br />4. The Division contacted the Operator on March 30, 2009 following a routine <br />review of file number M-2007-035. The Division sought to determine the status of the pit <br />and the associated financial warranty. The Operator's representative stated that the site was <br />being mined and believed the financial warranty had been submitted to the Division. <br />5. On April 6, 2009, the Division verified the financial warranty had not been <br />submitted and the Operator agreed to stop mining the site and to submit the financial <br />warranty. <br />Glenn E. Sessions & Sons, Inc. <br />M-2007-035 <br />Reconsideration of Approval