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El -w b + 5 <br />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 FREMONT PAWNG & RED! -MIX, INC. FOR A 112 <br />CONSTRUCTION MATERIALS RECLAMATION PERMIT, File No. M-2016-009 <br />THIS MATTER came before the Mined Land Reclamation Board ["Board") on <br />December 15, 2016 In Deaver fora hearing to consider the application for a 112c <br />construction materlals r4damatiop perm# Med by Frefaout Paving & Redi-WVI x. Inc. <br />('Applicant"), file number M-2016-009. <br />Elliott Russell, Wally Erickson, and Assistant Attorney General Scott Schultz <br />appeared on behalf of the Division of Reclamation, MWning and Safety ("Division"). Angela <br />Bellantoni, Ph.D.; Richard Ranson, Esq.; and John Ary appeared on behalf ofApplicant <br />David Shohet; Esq appeared an behalf of objectors Hobbs Family Farms, Ruder Produce, <br />Inc; Kelly G. Bond; Jason and Tina Potestior and Michael and Velma Rinks. Objector Doug <br />Wiley appeared on his own behalf: <br />The Board, having considered the presentations, testimony, and evidence of the <br />Division'; Applicant; and the of lectors, and being otherwise fully informed of the facts In <br />the matter, enters the following: <br />VINDINGS Oy VACT <br />1. On February 26, 2016, the Applicant filed an application with the Division for <br />a 112c reclamation permit under section 3432.5-112, GILL. for a site known as the Pueblo <br />County Aggregate Project, file number M-2016-009; on June, 10, 2016, the Applicant filed <br />an amendment to the application (the application, as amended, Is referred to herein as <br />"APPlication"). The Application proposed arr operation to be located in section 25, <br />Township 21 South, Range 63 West; 6th Principal Meridian in Pueblo County, Colorado. <br />2. During the public comment periods, as mandated by Rule 1.7.1 of the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br />Construction Materials, 2 CCR 407-4 ("Rules"), the Dlvislon received comment and <br />abjection letters from Indlviduals,badnesses, organizatioM and agendes. <br />I The Division was advisory staff to the Board. nota party, in this proceeding. <br />