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S ~+ <br />~(~ <br />'~~.~~~~~~'~° A <br />BEFORE THE MINED LAND RECLAMATION BOAR .-~'€~3 ~ ~ ZpD~ <br />STATE OF COLORADO <br />Di~~ision of Rcc~amaiion, <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE RECONSIDERATION OF AN APPLICATION APPROVAL <br />FOR A SECTION 112 RECLAMATION PERMIT, KING MOUNTAIN SAND AND <br />GRAVEL, LLC, FILE NUMBER M-1978-314 -IO <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />January 10, 2007, in Denver, Colorado for a hearing to reconsider the section 112 <br />reclamation permit amendment approval of King Mountain Sand and Gravel, LLC <br />("Applicant"). The file number in this matter is M-1978-314. Katharine Schaeffer appeared <br />on behalf of the Applicant. Larry Kelly appeared on behalf of John and Stephanie Bjork <br />("Objector"). Tanya Light and Erica Crosby appeazed on behalf of the Division of <br />Reclamation, Mining and Safety ("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 />]aw and order: <br />The Applicant intends to extract sand and gravel from a site located in Section 14, <br />Township 1 North, Range 85 West, 6`h Prime Meridian, Routt County, Colorado. The site, <br />as proposed, is approximately 341 acres. <br />2. The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104 and 105 of <br />the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section <br />34-32.5-101 et seq. C.R.S. (2006) ("Act"). <br />3. This site was originally permitted under a Section 110 Reclamation Permit, which was <br />issued to Routt County on November 22, 1978. On June 24, 1987, the Section 110 <br />King Mountain Gravel, LLC <br />M-1978-314 <br />