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S-i/-r>~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER REGARDING <br />CLARIFICATION AND MODIFICATION OF PRIOR BOARD ORDER <br />IN THE MATTER OF AGGREGATE INDUSTRIES -WCR, INC.'S.SECTION 112 <br />AMENDMENT APPLICATION, FILE NUMBER M-1999-034 r// <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 13, 2005, in Denver, Colorado for a hearing to consider a request to clarify the Board's <br />Findings of Fact, Conclusions of Law and Order in the matter of Aggregate Industries - <br />WCR Inc.'s Section 112 Amendment Application, Cooley Reservoir and Fulton Wildlife <br />Area ("Amendment Order"). The file number in this matter is M-1999-034. The Board <br />v~ <br />originally heard the Amendment Application on June 25, 2003. Kathleen Sullivan and Carl <br />Mount appeared on behalf of the Division of Minerals and Geology ("Division"). Michael <br />Refer appeared on behalf of Aggregate Industries -WCR, Inc. ("Operator"}. Ralf and <br />Karen Topper appeared on behalf of themselves ("Objectors"). <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 Operator obtained a Section 112 Reclamation Permit from the Board and now extracts <br />sand and gravel from a 399-acre extraction site located in Sections 16 and 17, Township 2 <br />South, Range 67 West, 6`h Principal Meridian in Adams County, Colorado. <br />The Operator obtained an amendment to the Section 112 Reclamation Permit from the <br />Board on June 25, 2003. The Amendment Order contains two conditions ("Conditions") <br />which are the subject of this hearing. In response to a request by the Objectors, the Board <br />