Laserfiche WebLink
demonstrate that it has obtained the legal right of entry to initiate a mining <br />operation on Little Turkey Creek Road. <br />44. To the extent that the Applicant may be required by the Act and Rules <br />to obtain and show a legal right to enter and initiate a mining operation on Little <br />Turkey Creek Road from all property owners, including dominant estate holders, <br />the Application is incomplete. <br />45. Section 34-32.5-116(4)(h), C.R.S. provides: <br />Reclamation plans and their implementation are required on all <br />affected lands and shall conform to the following requirements: <br />(h) Disturbances to the prevailing hydrologic balance of the <br />affected land and of the surrounding area and to the quality and <br />quantity of water in surface and groundwater systems, both during <br />and after the mining operation and during reclamation, shall be <br />minimized. Nothing in this paragraph (h) shall be construed to <br />allow the operator to avoid compliance with other statutory <br />provisions governing well permits and augmentation requirements <br />and replacement plans when applicable. <br />46. The Application failed to demonstrate to the satisfaction of the Board <br />that the impact of the proposed mining operation on the prevailing hydrologic <br />balance of the proposed affected land and the surrounding area and on the quality <br />and quantity of groundwater systems will be minimized. <br />47. By failing to demonstrate that the impact of the proposed mining <br />operation on the prevailing hydrologic balance of the proposed affected land and the <br />surrounding area, and on the quality and quantity of groundwater systems will be <br />minimized, the reclamation plan in the Application fails to conform to the <br />requirement of section 34-32.5-116(4)(h), C.R.S. <br />48. Because the reclamation plan in the Application fails to conform to the <br />requirement of section 34-32.5-116(4)(h), C.R.S., the Board may deny the <br />Application in accordance with section 34-32.5-115(4)(g), C.R.S. <br />49. Rule 3.1.8(1) requires: <br />All aspects of the mining and reclamation plan shall take into <br />account the safety and protection of wildlife on the mine site, at <br />processing sites, and along all access roads to the mine site with <br />special attention given to critical periods in the life cycle of those <br />species which require special consideration (e.g., elk calving, <br />Transit Mix Concrete Co. <br />Hitch Rack Ranch Quarry/M-2016-010 10 <br />