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4. During the review period, the Division generated four adequacy letters. <br />The Applicant addressed all of the Division's adequacy issues to the Division's <br />satisfaction. <br />5. On February 2, 2018, the Division issued and served on all parties both <br />a written recommendation to approve the Application over objection and a written <br />rationale for that recommendation. <br />6. On February 8, 2018, the Board, through a prehearing officer, <br />conducted a prehearing conference in Pueblo, Colorado. The prehearing officer <br />issued a draft prehearing order. Among other things, the draft prehearing order <br />identified three issues for the parties to present to the Board for consideration: <br />hydrological balance, wildlife, and blasting. At the hearing, the Board considered <br />the draft prehearing order and invited amendments or adjustments to be proposed <br />by the parties. The Board adopted the draft prehearing order as presented. <br />7.. The Application described a proposed expansion of a current <br />construction materials (brick clay, stone products and fill material) mining operation <br />and on-site processing of mined materials, to include onsite crushing of sandstone. <br />The permit boundary described in the Application included 1046.8 acres, an increase <br />of 1006.5 acres from the originally permitted area with 758.5 acres to be disturbed. <br />Active mining is limited to 40 acres at a time with concurrent reclamation. The <br />Application proposed to reclaim the affected land for rangeland. The Division <br />calculated the financial warranty for the operation to be $213,000. <br />8. At the hearing, Mike Leidich and Steve O'Brian testified on behalf of <br />Applicant. Applicant testified regarding the proposed operation, including the use of <br />a blasting plan that required lower levels of ground vibration and air over pressure <br />than set by industry standards and State regulations. <br />9. As to wildlife issues, Applicant presented testimony that the area has <br />been an active mine since the 1950's, drainages potentially used for big game transit <br />corridors will not be mined, and that Colorado Parks and Wildlife had stated that <br />there would be no impacts to wildlife in the site and that no endangered species were <br />on the land. <br />10. Applicant testified that they have discussed potential impacts on <br />raptors with representatives of Colorado Parks and Wildlife and has committed to <br />making observations for any raptor activity at the site. Applicant also stated that <br />they will consult with Colorado Parks and Wildlife on any potential impacts and <br />mitigation should raptors be observed in the area. <br />Summit Brick & Tile Co. <br />Fox #1 Clay Mine / AM -03, M-1977-219 <br />2 <br />