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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 THE APPLICATION OF MILLER FAMILY INVESTMENTS, <br />LLC FOR A 112 CONSTRUCTION MATERIALS RECLAMATION PERMIT, <br />File No. M- 2010 -047 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />February 8, 2012 in Denver, Colorado as a consent agenda item to consider the <br />application of Miller Family Investments, LLC ( "Applicant ") for a 112 Construction <br />Materials Reclamation Permit, file number M- 2010 -047. <br />The Board, being fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. On June 24, 2010, the Division of Reclamation, Mining and Safety's <br />( "Division ") received a Construction Materials Regular 112 Operation Reclamation <br />Permit Application for the Lone Tree Pit ( "Application "). The Lone Tree Pit is <br />located in Section 12, Township 8 North, Range 66 West, 6th Principal Meridian, <br />Weld County, Colorado. The site is a 40.02 -acre sand and gravel operation. <br />2. September 17, 2010, the Division approved the Application. The <br />Division set the financial warranty for the Lone Tree Pit at $50,100.00. <br />3. On May 31, 2011, the Division sent the Applicant a notice that the <br />financial and performance warranties have not been received and would need to be <br />submitted by September 17, 2011. <br />4. On September 27, 2011, the Division sent the Applicant written notice <br />that financial and performance warranties have not been posted for the site. The <br />September 27, 2011 letter also notified the Applicant that if financial and <br />performance warranties are not submitted within one calendar year of approval of a <br />new permit application, the Board shall hold a hearing to reconsider the previous <br />approval and required the Applicant to initiate the public notice procedures <br />outlined in Rule 1.6. <br />5. On December 2, 2011, the Division received proof that the Applicant <br />initiated the public notice procedures outlined in Rule 1.6.1(2) of the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for the Extraction <br />of Construction Materials ( "Rules "). <br />