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History Colorado, the Colorado Division of Water Resources, and the Army Corps of <br />Engineers. <br />4. The public comment period closed on November 8, 2017. Following the <br />close of public comment, the Division received eight objection letters and one <br />comment letter from Colorado Parks and Wildlife. <br />5. On March 2, 2018, the Division issued and served on all parties both a <br />written recommendation for conditional approval of the Application over objection <br />and a written rationale for that recommendation. <br />6. During the review period, the Division generated four adequacy review <br />letters. The Applicant addressed all of the Division's adequacy issues to the <br />Division's satisfaction. <br />7. Based on the proposed mining and reclamation plans and the <br />applicable requirements of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Article 32.5 of Title 34, C.R.S. ("Act") and the Rules, the <br />Division calculated the initial cost of the reclamation at $788,900.00. Applicant <br />agreed to provide the financial warranty in the amount required by the Division. <br />8. On March 8, 2018, the Board, through a prehearing officer, conducted <br />a prehearing conference in Ft. Collins, Colorado. The prehearing officer issued a <br />draft prehearing order. Among other things, the draft prehearing order identified <br />five issues for the parties to present to the Board for consideration, future <br />enforcement, hydrologic balance, permitting issues, the reclamation plan, and <br />wildlife. At the hearing, the Board+ considered the draft prehearing order and <br />invited amendments or adjustments to be proposed by the parties. The Board <br />adopted the draft prehearing order as presented with an amendment to note that <br />Matthew Machado is the attorney for Objector Tilley. <br />9. At the hearing, Applicant presented evidence through testimony by <br />Walt Niccoli, Brad Fancher, and Stephanie Francher-English regarding the issues <br />identified in the prehearing order. <br />10. Objectors presented evidence through testimony by Matthew Machado, <br />Jayme Tilley, Calvin Miller, Peter Waak, Robert Havis, Quinn Robinson, and Patty <br />McElwain regarding the issues identified in the prehearing order. <br />11. Applicant's mining plan calls for overburden to be removed and <br />stockpiled in berms around the site. The alluvium to be mined is approximately <br />three to five feet below the loam overburden and goes to the shale bedrock <br />approximately fifteen to twenty-five feet below the surface. Mining will be <br />conducted using a phased approach, with aggregate mined in five phases where <br />Loveland Ready Mix Concrete, Inc. <br />Knox Pit/M-2017-036 2 <br />