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~F <br />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 SW TKO JOINT VENTURE, LLC FOR A <br />SECTION 112 RECLAMATION PERMIT, OVER OBJECTIONS, LUPTON LAKES <br />RESOURCE, FILE NUMBER M-2004-078 "~ ~ _ ~ ~ _ Q S <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on May <br />11, 2005, in Denver, Colorado for a hearing to consider the Section 112 Reclamation Permit <br />Application of S W TKO Joint Venture, LLC (``Applicant"). The file number for this matter <br />is M-2004-078. Robert Bruce, Esq. appeared on behalf of the Applicant. Jerry Landrus <br />appeared as an objector. Gary DeWitt and Gregg Carson, Esq. appeared on behalf of the <br />Colorado Department of Transportation ("CDOT"), also an objector. Mr. Landrus and <br />CDOT are referred to collectively as the "Objectors." Erica Crosby and Steve Brown, Esq. <br />appeared on behalf of the Division of Minerals and Geology {"Division"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Applicant intends to extract sand and gravel from a 361-acre site located in Section 19, <br />Township 1 North, Range 66 West, 6`h Principal Meridian, Weld County, Colorado. The <br />site is referred to as the Lupton Lakes Resource site. The site will be mined in 18 sections <br />ranging in size from 20 to 25 acres. The site's currently proposed post-mining land use is <br />water storage. <br />The Applicant submitted a complete pernrit application on January 19, 2005. <br />3. The Division received timely objection letters from Georgia and Jerry Landrus, the City of <br />Fort Lupton and CDOT. <br />