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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF 120TH ESTATES PARTNERS MINE, 112 CONSTRUCTION <br />MATERIALS AMENDMENT APPLICATION NO. 5, FILE NO. M- 2001 -085 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />June 8, 2011 in Denver, Colorado for consideration of petition for declaratory order, <br />file number is M- 2001 -085. Lester A. Ewegen appeared on behalf of GSL /Brush LLC <br />( "Operator "). David Bird appeared on behalf of the Division of Reclamation, Mining <br />and Safety ( "Division "). There were no appearances on behalf of the objectors. <br />The Board, having considered the materials presented, the parties' <br />presentations, and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 112c permit for a 49.1 -acre sand and <br />gravel operation located in Section 35, Township 1 South, Range 67 West, 6th <br />Principal Meridian in Adams County, Colorado, permit number M- 2001 -085. The <br />site, known as 120th Estates Partners, is located about six miles south of Brighton, <br />near the intersection of Brighton Road and East 120th Avenue. <br />2. On December 15, 2010, the Board considered and approved a consent <br />agreement between the Operator and the Division. Consistent with the consent <br />agreement, the Board (a) found the Operator in violation of sections 34-32.5 - <br />116(4)(i) and (j), C.R.S.; (b) ordered the Operator to cease and desist all activities on <br />the unpermitted portions of the site; (c) ordered the Operator to submit a 112 <br />Construction Materials Amendment Application to expand the permitted area to <br />include the newly disturbed area; and (d) imposed a civil penalty. The Board's <br />written order was dated January 5, 2011 ( "January 5 Order "). <br />3. The Operator submitted 120th Estates Partner Amendment AM -05 <br />application ( "AM -05 "). The Division found AM -05 complete and filed on March <br />17, 2011. The area addressed by AM -05 is 2.7 acres and will create a total permit <br />area of 51.8 acres. The area subject to AM -05 is proposed to be used as Industrial/ <br />Commercial. Reclamation at the site will include removal of stockpiled materials, <br />ripping, and revegetation. <br />4. On January 24, 2011, the Division received a timely objection to AM -05 <br />from Robert and Terrie Hanson, 11001 East 120th Avenue, Henderson, Colorado <br />