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~p~ <br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />RECEIVED <br />JAN 2 3 2004 <br />Division of Minerals & Gealopy <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE RECONSIDERATION OF AN APPLICATION FOR A <br />SECTION 112 RECLAMATION PERMIT, HALL-IRWIN CORPORATION, FILE <br />NUMBER M-2000-144 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />December 17, 2003, in Denver, Colorado for a hearing to reconsider the Section 112 <br />Reclamation Permit approval of Hall-Irwin Corporation ("Applicant"). Jeff Gregg appeared <br />on behalf of the Applicant. Tom Schreiner appeared on behalf of the Division of Minerals <br />and Geology ("Division"). <br />The Boazd, 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 excavates sand and gravel from a 38-acre site known as the North LaPoudre <br />Pit, located in the NW 1/4 of the NE1/4, Section 19, T6N, R67W, 6`h P.M., Weld County, <br />Colorado. <br />2. On February 20, 2001, the Division approved a Section 112 Reclamation Permit <br />application for the North LaPoudre Pit, and set the financial warranty for the site at <br />$240,000. <br />Over the course of an investigation and numerous site inspections conducted in 2003, the <br />Division determined that the Applicant commenced mining operations without posting the <br />necessary financial warranty within one year of the Board's approval of the Applicant's <br />application. The Division concluded, and the Board agreed, that the Applicant commenced <br />~~~ <br />l/" <br />