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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 AMENDMENT APPLICATION OF <br /> BLACK MOUNTAIN SAND WELD LLC, LOST CREEK MINE; File No. M- 2018- <br /> 051 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> November 13, 2019 for a hearing to consider the amendment application of Black <br /> Mountain Sand Weld LLC ("Applicant") for a 112c permit, file number M-2018- <br /> 051. <br /> Peter Hays and Assistant Attorney General Jeff Fugate appeared on behalf of <br /> the Division of Reclamation, Mining and Safety ("Division"). Brittany Schamaun <br /> and consultants Kira Coff and Pete Kowalewski of Millcreek Engineering and <br /> Tierra Group (respectively) appeared on behalf of Applicant. Kent Pflager, Matt <br /> Machado, Esq., and consultant William Schroeder appeared on behalf of Objector <br /> Morgan County Quality Water District; Gary Teague, Pete Anderson, and Stuart <br /> Corbridge, Esq. appeared on behalf of Objectors Bijou Irrigation District and <br /> Bijou Irrigation Company; and Tom Korver, Esq. and consultant Heath Kuntz of <br /> Adaptive Resources, Inc. appeared on behalf of Objector Equus Farms <br /> (collectively"Objectors"). <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 OF FACT <br /> 1. On October 3, 2018, Applicant filed an application with the Division for <br /> an a 112c reclamation permit for a site known as the Lost Creek Mine in Weld <br /> County, Colorado ("Application"). Located in Section 3, Township 3 North, Range <br /> 61 West, 6th Principal Meridian, the Lost Creek Mine is a proposed industrial sand <br /> mine and on-site sand wash processing plant. <br /> 2. The Division deemed the Application complete on March 25, 2019. <br /> 3. On the same day, the Division received an objection letter from <br /> Morgan County Quality Water District, which the Division forwarded to Applicant. <br /> 4. The Applicant notified the Division on May 3, 2019 that it intended to <br /> modify the Application. <br />