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~-o ~- <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER REGARDING PERMIT <br />REVOCATION AND FORFEITURE OF FINANCIAL WARRANTY <br />IN THE MATTER OF RANDY PERDUE, FILE NUMBER M-2000-089 !/ <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />March 16, 2005 in Denver, Colorado for a hearing to consider the request of the Division of <br />Minerals and Geology ("Division") for an order revoking a Section 110c permit and <br />forfeiting the applicable financial warranty for failure to pay the annual fee and civil <br />penalties. The file number in this matter is M-2000-089. James Dupler appeared on behalf <br />of the Division. There were no appearances on behalf of Randy Perdue ("Permittee"). <br />The Boazd, having considered the Division's presentation and having been otherwise <br />fully informed of the facts in this matter, hereby enters the following findings of fact, <br />conclusions of law and order: <br />L In 2000, the Board approved the Permittee's Section 110c reclamation permit application <br />fora 9.70-acre site located in Section 55, Township 3 North, Range 70 West, 6"' Principal <br />Meridian, Boulder County, Colorado. The location is referred to as the Perdue Mine site. <br />The Permittee submitted a $12,679.00 bond to the Division as a financial warranty to <br />secure reclamation of the site. <br />2. Pursuant to the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Section 34-32.5-101 et seg. C.R.S. (2004) ("Act"), permittees are required to <br />submit an annual report and pay an annual fee on the anniversary date of the issuance of <br />their permit. See Sections 34-32.5-116(3)(a) and 34-32.5-125(2) of the Act, Construction <br />~cn{> <br />Grr, wl <br />