|
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 112c PERMIT APPLICATION OF ROCKY MOUNTAIN
<br />AGGREGATE & CONSTRUCTION, LLC, File No. M- 2013 -007
<br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on October
<br />16, 2013 for a hearing to consider the petition for reconsideration of the Board's order in this
<br />matter, file number M- 2013 -007, filed by objectors Barbara Bernhardt, Stan and Kathy
<br />Borinski, Roger and Gail Noble, Keith and Sharon Rasmussen, Leigh Robertson, Dennis Schultz,
<br />Lester and Kathleen Stigall, and Janice Wheeler (collectively, "Objectors ") on September 20,
<br />2013.
<br />There were no appearances on behalf of Rocky Mountain Aggregate & Construction,
<br />LLC ( "Applicant "). Objectors Barbara Bernhardt, Stan and Kathy Borinski, Dennis Schultz,
<br />Mary Scuderi, Lester and Kathleen Stigall, and Janice Wheeler appeared and participated by
<br />telephone. First Assistant Attorney General Jeff Fugate appeared personally and Wally
<br />Erickson appeared by telephone on behalf of the Division of Reclamation, Mining and Safety
<br />( "Division ")
<br />The Board, having considered the parties' presentations and testimony, and being
<br />otherwise fully informed of the facts in the matter, enters the following:
<br />FINDINGS OF FACT
<br />1. The Board heard this matter on August 14, 2013. The Board considered the
<br />Applicant's application for a 112c permit for the Uncompahgre Pit in Montrose County, Colorado
<br />( "Application "). The Board approved the Application (as amended) over objections, subject to the
<br />stipulation that the Applicant shall include appropriate sagebrush seed with the reclamation seed
<br />mix for revegetation. The Board issued an order in this matter, effective August 30, 2013 ( "August
<br />2013 Order ").
<br />2. On September 20, 2013, the Board received a letter from the Objectors, dated
<br />September 16, 2013, requesting reconsideration of the August 2013 Order.
<br />3. On or about October 4, 2013, the Board received the Division's request to allow
<br />Wally Erickson to appear telephonically at the October 16, 2013 hearing. On October 7, 2013,
<br />the Board received a request by e -mail from the Objectors to participate by telephone in the
<br />October 16, 2013 hearing. On October 9, 2013, Board Chair Thomas Brubaker granted the
<br />parties' requests to participate in the hearing by telephone.
<br />4. On or about October 4, 2013, the Board received the Division's response to the
<br />Objectors' request for reconsideration. On October 10, 2013, the Board received the
<br />
|