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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 112c PERMIT APPLICATION OF LOVELAND <br />READY -MIX CONCRETE, INC, KNOX PIT; FILE NO. M-2017-036 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />March 21, 2018 for a hearing to consider the application of Loveland Ready -Mix <br />Concrete, Inc. ("Applicant") for a 112c reclamation permit, file number M-2017-036. <br />Jared Ebert and First Assistant Attorney General Jeff Fugate appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). Stephanie <br />Fancher-English, Brad Fancher, and Walt Niccoli appeared on behalf of Applicant. <br />Matthew Machado, Esq. and Jayme Tilley appeared on behalf of objector Jayme <br />Tilley, and Calvin Miller testified as a witness on behalf of Ms. Tilly. Peter Waak <br />appeared on behalf of objector No Laporte Gravel Corp., and Robert Havis, P.E.; <br />Quinn Robinson; and Patty McElwaine testified on behalf of No Laporte Gravel <br />Corp. <br />The Board, having considered the parties' presentations and testimony, <br />and being otherwise fully informed of the facts in the matter, enters the following- <br />FINDINGS <br />ollowing <br />FINDINGS OF FACT <br />1. On September 7, 2017, Applicant filed an application with the Division <br />for a 112c reclamation permit for a site known as the Knox Pit in Larimer County, <br />Colorado ("Application"). Located in Section 28, Township S North, Range 69 West, <br />6th Principal Meridian, the proposed Knox Pit is an aggregate mine and on-site <br />crushing and screening and concrete batching operation. <br />2. Applicant owns the land on which the proposed site is located. The <br />Application describes a construction materials mining operation and on-site <br />processing of mined materials, including crushing, screening, and concrete batching. <br />The permit boundary described in the Application includes a 127 -acre total permit <br />area, of which 127 acres is to be affected lands. The Application proposes to reclaim <br />the affected lands for pastureland post -mining use. <br />3. During the public comment period, as mandated by Rule 1.7.1 of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials, 2 CCR 407-4 ("Rules"), the Division <br />received twenty-five (25) timely letters of objection, and comment letters from <br />