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2018-01-23_ENFORCEMENT - M2016054
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2018-01-23_ENFORCEMENT - M2016054
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Last modified
1/23/2018 2:20:55 PM
Creation date
1/23/2018 11:14:31 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2016054
IBM Index Class Name
Enforcement
Doc Date
1/23/2018
Doc Name Note
Board Order
Doc Name
Board (MLRB) Order
From
DRMS
To
Aggregate Industries - WCR, Inc.
Email Name
MAC
WHE
AJW
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />---------------- <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPLICATION OF AGGREGATE INDUSTRIES — <br />WCR, INC. FOR A 112c CONSTRUCTION NL9TERIALS RECLAMATION <br />PERMIT, File No. 1\1-2016-054 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 13, 2017 in Denver for a hearing to consider the application for a 112c <br />construction materials reclamation permit filed by Aggregate Industries — WCR, <br />Inc. ("Applicant"), file number M-2016-059. Michael Cunningham appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). Bill <br />Schenderlein appeared on behalf of Applicant. <br />The Board, having considered the presentati6�ns, testimony, and evidence of <br />the Division I; Applicant; and the objector, and being otherwise fully informed of the <br />facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. On September 29, 2016, 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 Irvin/Thomas Mine, file number M-2016-054 (the application is <br />referred to herein as "Application"), located in section 11, Township 2 North, <br />Range 69 West, 6th Principal Meridian in Boulder County, Colorado. <br />2, The Application described a proposed sand and gravel mining <br />operation located within the City of Longmont in Boulder County. The proposed <br />mining operation is comprised of four non-contiguous permit areas totaling 295.8 <br />acres, which are located immediately adjacent to Highway 119 and St. Wain <br />Creek. The proposed post -mining land use is a combination of general agriculture, <br />groundwater ponds, and wetland areas. <br />3. During its review, the Division identified adequacy issues, including <br />that Applicant did not adequately demonstrate: (1) how disturbances to the <br />affected land and the surrounding area v�•ill be <br />minimized during a flood event; and (2) through an appropriate engineering <br />prevailing hydrologic balance of the a <br />I The Division was advisory staff to the Board, not a party, in this proceeding. <br />
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