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r <br /> BEFORE THE MINED LAND RECLAMATION BO. RD <br /> STATE OF COLORADO <br /> FINDINGS OF FACT9 CONCLUSIONS F LANf,, AND <br /> ORDER <br /> IN THE MATTER OF THE APPLICATION <br /> ALBERT FRET & SONS, INC, AFS-BENNETT P T.* FILE NO. M-2001-038 <br /> THIS MATTER came before the Mined Land f ecl ("Board")aat�an hoardon <br /> August 21� 2019for hearing to consider the a phctin of Albert t Frei & Sons., Inc. <br /> Applicant for a 112c Amendment, file number <br /> M-2001-038. the hoard conducted <br /> a site visit on August 27, 2019 and deliberated on th� application at the Boards <br /> September 25, 2019 hearing. <br /> Jared Ebert an i tant Attorney General <br /> ':� <br /> Cott Schultz appeared on <br /> behalf of the Division Reclamation Mining and ("DivisioiYl)-� e � Ben Frei and <br /> SteveO'Brian appeared n behalf of App Victiria Katchen, Jennifer Curtis <br /> Kelsey Magnusson, Elva �.1l�unos and Nano Dorifor , <br /> � alds � appeared ct . <br /> The Board, having considered the artie ' re e <br /> ntations and testimony, <br /> and being otherwise fully informed of the facts i <br /> the.matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. On February 13, 2019, Applicant filed a application atin with the DIVIsion <br /> for an amendment to a 112c reclamation per <br /> n , t for a site known as the AFC <br /> Bennett Pit in Adams Count , Colorado ("Applicatiore').� vacated� Section � <br /> Township South, Range 3 West 6 h rinci •' <br /> pad der dean, the AFS-Bennett Pit is a <br /> sand, gravel, and aggregate mine and on-site crushi nr , screening, and washing <br /> operation. <br /> 2. The Application proposes expanding the areaby 60.13 acres for total <br /> permitted area of 107.88. 'he Application's miningan p anticipate mining north <br /> and south f the current affected area usingconvent <br /> r� l surface mining. Applicant <br /> has committed not to mine into the groundwater tabs and <br /> will implement 1 -foot <br /> setbacks from Kira Creek, which is situated on thed • <br /> astern bar of the <br /> Permitted area. The current permit and the li ati�n <br /> designate a post-mining use <br /> of rangeland. <br /> 3. During the public comment pefiod, as maxi <br /> � dated by Rule 1.7.1 of the <br /> Mineral <br /> Rules and Regulations f the ColoradoMinect lmt�•hand Reclamation Board for <br /> the Extraction of Construction Materials 2 CCR ' - ('Rules'), the Division <br /> received nine timely letters of objection and comment,,l <br /> objection, effete hoom History <br /> a <br />