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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 APPLICATION OF TRANSIT MIX CONCRETE <br />COMPANY FOR A 112 CONSTRUCTION MATERIALS RECLAMATION <br />PERMIT, File No. M-2016-010 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 26 and 27, 2016 in Colorado Springs for a hearing to consider the <br />application for a 112c construction materials reclamation permit filed by Transit <br />Mix Concrete Company ("Applicant"), file number M-2016-010. <br />Amy Eschberger, Wally Erickson, Peter Hays, Tim Cazier, and Assistant <br />Attorney General Scott Schultz appeared on behalf of the Division of Reclamation, <br />Mining and Safety ("Division"). Norton Cutler, Esq. appeared on behalf of <br />Applicant. Carrie Bernstein, Esq. and Amanda Bradley, Esq. appeared on behalf of <br />Objector Cheryl Kimble. Steven Mulliken, Esq. appeared on behalf of Objector <br />Ingersoll Trust. Fire Chief Hartmut Wright appeared on behalf of Objector <br />Southwestern Highway 115 Fire Protection District. Objectors Nancy Reed, Gary <br />K. (Kris) McCowen, Warren Dean, and Weldon Flaharty each appeared on his or <br />her own behalf. <br />The Board, having considered the presentations, testimony, and evidence <br />of the Division;' Applicant; and the objectors, and being otherwise fully informed <br />of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. On March 8, 2016, the Applicant filed an application with the <br />Division for a 112c reclamation permit under section 34-32.5-112, C.R.S. for a site <br />known as the Hitch Rack Ranch Quarry in El Paso County, Colorado, file number <br />M-2016-010 ("Application"). The Application proposed an operation to be located <br />in section 16, Township 16 South, Range 67 West, 6th Principal Meridian on <br />property known as Hitch Rack Ranch. <br />2. On March 9, 2016, the Division deemed the Application "complex" and <br />extended the standard ninety -day decision deadline by sixty days, from June 6, <br />2016 to August 5, 2016, pursuant to Rule 1.4.1(7) of the Mineral Rules and <br />1 The Division was advisory staff to the Board, not a party, in this proceeding. <br />