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~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />~ECE11lE® <br />JUN 2 3 2003 <br />®iYision ~f Minerals and GeoloAY <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE APPLICATION OF SEIFERT CONSTRUCTION FOR A <br />112 PERMIT M-2002-122, THE BOYER PIT. <br />THIS MATTER came before the Mined Land Reclamation Board on May 28, <br />2003 in Denver, Colorado for a hearing on the Section 112 application for a reclamation <br />permit by Seifert Construction (Applicant) in accordance with C.R.S. § 34-32.5-114. <br />Jerry Seifert and Joe Gagliano appeazed on behalf of the Applicant. James Gerler, Esq., <br />appeared on behalf of Wolf Springs Ranches, Ina (Objector). Stephen Brown, Assistant <br />Attorney General, appeared on behalf of the Division of Minerals and Geology <br />(Division). <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed in the premises, hereby enters the following findings of fact, <br />conclusions of law and order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Applicant seeks a Section 112 reclamation permit for a surface gravel pit known <br />as the Boyer Pit located in Sections 5 and 6, T24S, R71 W, 6`h P.M., Custer County, <br />Colorado. <br />2. The Division received timely objections from James B. and Janice L. Harmer, and <br />Wolf Springs Ranches, Inc. The Board appointed a prehearing conference officer <br />who conducted a prehearing conference on April 10, 2003 in Westcliffe, Colorado, <br />and prepared a proposed prehearing order. <br />