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<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 112 PERMIT APPLICATION OF LAFARGE WEST, INC., <br />FILE NO. M-2000-016. <br />THIS MATTER came before the Mined Land Reclamation Boazd on March 26, <br />2003, in Denver, Colorado for a hearing to reconsider the approval of LaFarge West, <br />Inc.'s (LaFarge) permit application where the financial warranty has not been submitted <br />within one year of application approval, in accordance with Construction Materials Rule <br />1.4.1(9). Erica Crosby appeared on behalf of the Division. Gary Tuttle appeared on <br />behalf of LaFarge. <br />The Board, having heazd the evidence and arguments of the parties, and having <br />been otherwise fully informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On February 7, 2000, LaFarge applied for a Section 112(c) reclamation permit to <br />mine sand and gravel at a location known as the Riverbend Operation pit in Section <br />19, TIN, R66W, 6"' P.M., Weld County Colorado. <br />2. Following a hearing on objections, the application was approved and the bond <br />estab]ished at $743,000.00 on July 14, 2000. <br />3. The Applicant failed to submit the financial warranty until September 30, 2002 and <br />performance warranty until October 29, 2002. The Applicant has not commenced its <br />mining operation. <br />