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/D <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 APPEAL OF READY MIXED CONCRETE COMPANY <br />FROM THE DIVISION DECISION DENYING AN ACREAGE RELEASE REQUEST, <br />FILE NUMBER M-1987-049/ <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />Mazch 16, 2005, in Denver, Colorado for a hearing to consider the appeal of Ready Mixed <br />Concrete Company ("Petitioner") from a decision of the Division of Minerals and Geology <br />("Division") denying Petitioner's request for a release of acreage subject to a reclamation <br />obligation. The file number for this matter is M-1987-049. Bill Timmons and Jeff Schwazz, <br />Esq. appeared on behalf of the Petitioner. Terry Benton and Christopher Ernst, Esq. <br />appeazed on behalf of the City of Brighton ("City") in support of the Petitioner's request. <br />Harry Posey and Steve Brown, Esq. appeared on behalf of the 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 Petitioner obtained approval of a Section 112c construction materials permit <br />application on September 27, 1987. The site of the mining activity is in Section 13, <br />Township 1 South, Range 67 West, 6`h Prime Meridian, Adams County, Colorado and is <br />known as the Bromley Lakes Pit site. The permit was amended over objections on <br />October I8, 1995. Five acres were later released from the permit, and the entire permitted <br />area now consists of approximately 387.5 acres. The approved post-mining land use for the <br />site is "open lakes~water resource" and "wild]ife habitat' <br />