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1 <br /> I <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> i <br /> FINDINGS OF FACT, CONCLUSIONS OF LAVY,AND ORDER <br /> IN THE MATTER OF THE APPLICATION FOR 11112C AMENDMENT OF <br /> ALBERT FREI & SONS, INC, AFS-BENNETT PIT; FILE NO. M-2001-038 <br /> I <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> August 21, 2019 for a hearing to consider the application of Albert Frei & Sons, Inc. <br /> ("Applicant") for a 112c Amendment, file number M-2001-038. The Board conducted <br /> a site visit on August 27, 2019 and deliberated on thg application at the Board's <br /> September 25, 2019 hearing. j <br /> I , <br /> Jared Ebert and Assistant Attorney General Scott Schultz appeared on <br /> behalf of the Division of Reclamation, Mining and Sety ("Division"). Ben Frei and <br /> Steve O'Brian appeared on behalf of Applicant. Vitoria Katchen, Jennifer Curtis, <br /> Kelsey Magnusson, Elva Munos, and Nancy Donaldson appeared for Objectors. <br /> I <br /> i <br /> The Board, having considered the parties' pre-zentations and testimony, <br /> and being otherwise fully informed of the facts in the;matter, enters the following: <br /> I <br /> 1 , <br /> FINDINGS OF FACT <br /> I <br /> 1. On February 13, 2019, Applicant filed an application with the Division <br /> for an amendment to a 112c reclamation permit for alsite known as the AFS- <br /> Bennett Pit in Adams County, Colorado ("Application;"). Located in Section 2, <br /> Township 3 South, Range 63 West, 61h Principal Meridian, the AFS-Bennett Pit is a <br /> sand, gravel, and aggregate mine and on-site crushin6, screening, and washing <br /> operation. <br /> 2. The Application proposes expanding the urea by 60.13 acres for a total <br /> permitted area of 107.88. The Application's mining plan anticipates mining north <br /> and south of the current affected area using conventidnal surface mining. Applicant <br /> has committed not to mine into the groundwater tabl4 and will implement 100-foot <br /> setbacks from Kiowa Creek, which is situated on the eastern boundary of the <br /> permitted area. The current permit and the Application designate a post-mining use <br /> of rangeland. <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 nine timely letters of objection, and comment letters from History <br /> I <br /> i <br />