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• r <br /> Rationale for Recommendation to Approve 44 <br /> September 29, 2016 <br /> licenses, and approvals the Applicant holds or will be seeking in order to conduct the proposed mining <br /> and reclamation operations. The Division determined the permit application satisfied the requirements of <br /> Rule 6.4.13. <br /> 59. Concerns that the Act clearly states the intent of the General Assembly to "...conserve natural <br /> resources, to aid in the protection of wildlife and aquatic resources, to establish agricultural, <br /> recreational, residential, and industrial sites, and to protect and promote the health,safety, and general <br /> welfare of the people of this state"—denying this application would be consistent with those goals and <br /> values <br /> (W.. Dean,S. Mulliken) <br /> This statement refers to the second half of the legislative declaration represented in C.R.S. 34-32.5-102(1). <br /> It should be noted that the first half of the legislative declaration reads as follows "The general assembly <br /> hereby declares that the extraction of construction materials for government and private enterprise and the <br /> reclamation of land affected by such extraction are necessary and proper activities that are compatible. It <br /> is the intent of the general assembly to foster and encourage the development of an economically sound <br /> and stable extraction materials industry and to encourage the orderly development of the state's natural <br /> resources while requiring those persons involved in extraction operations to reclaim land affected so that <br /> it may be put to a use beneficial to the people of this state." <br /> The Act and Rules provide reclamation requirements to ensure affected lands are reclaimed to a beneficial <br /> use. The Act and Rules provide performance standards and environmental protection requirements,which <br /> apply throughout the life of mine. Pursuant to Rule 1.4.1(10), each application is reviewed, and ultimately <br /> approved or denied, based on the Applicant's ability to demonstrate the application meets the minimum <br /> requirements of the Act and Rules. <br /> After completion of a comprehensive adequacy review process, the Division determined the Applicant <br /> has sufficiently demonstrated the application meets the minimum requirements of the Act and Rules. <br /> Therefore, pursuant to C.R.S. 34-32.5-115(4), the Board or Office shall not deny the permit. <br /> 60. Concerns that it would be prudent to obtain a report from an independent and qualified biologist <br /> as to whether the proposed site is in fact special and should be preserved — we would be willing to <br /> provide more detailed information about the proposed land to be mined if you can provide us with <br /> lawful access to do so <br /> (S.Mulliken) <br /> The Division is not authorized to provide lawful access to private property. Anyone wishing to obtain <br /> access to the Hitch Rack Ranch property should contact the landowner, RMBC Group LLC. <br /> Division's Recommendation <br /> On September 29, 2016, the Division determined the 112c permit application for the Hitch Rack Ranch <br /> Quarry, File No. M-2016-010, has satisfied the requirements of C.R.S. 34-32.5-115(4), and issues its <br /> recommendation to approve the application over objections. The Division has set the required financial <br /> warranty for the site at $3,857,842.00. <br /> �oF �010 <br /> 1313 Sherma-i S.re,t, Room 215. Denver, CO 80203 P 301 866.3567 F 303.832.81Cc http:t/r»in n tate.to.t s mew `T <br /> c- O1 <br /> John W, H-;-ke,,i000e , Gt.,verncr , R.-Dhert V/ a i.t' , Exec.itivo Ditoctt;, V�-i,,ia Brairron, N ctut <br />