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4. The public comment period closed on June 29, 2021. Following the <br /> close of public comment, the Division received approximately seven untimely letters <br /> of objection signed by forty-six individuals and entities. <br /> 5. During the review period, the Division generated six adequacy review <br /> letters, three dealing with general issues and three regarding geotechnical issues. <br /> The Applicant addressed all of the Division's adequacy issues to the Division's <br /> satisfaction. <br /> 6. On October 29, 2021, based on the applicable requirements of the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials, <br /> Article 32.5 of Title 34, C.R.S. ("Act") and the Rules, the Division issued and served <br /> on all parties both a written recommendation for approval of the Amendment <br /> Application over objection and a written rationale for that recommendation. <br /> 7. On November 4, 2021, the Board, through a prehearing officer, <br /> conducted a prehearing conference. The prehearing officer issued a draft <br /> prehearing order. Among other things, the draft prehearing order identified <br /> jurisdictional issues to be presented to the Board. <br /> 8. On November 12, 2021, the sole timely objector withdrew its objection <br /> to the application by submitting a Party Status Withdrawal Form to the Board. <br /> 9. On November 15, 2021, the Division informed the Applicant that <br /> because no timely objection to the Application remained, the matter would be <br /> presented to the Board at its November 2021 meeting in a summary matter for the <br /> Board's consideration rather than a contested hearing. <br /> 10. At the hearing, the Division presented information about the <br /> Application, the mining plan, and the application process, including the withdrawal <br /> of the only timely objector. <br /> 11. Applicant presented testimony regarding the Amendment. Applicant <br /> consulted with the Rocky Mountain Bighorn Society and Colorado Parks and Wildlife <br /> and incorporated their recommendations into the Application, including providing <br /> water for wildlife on reclaimed benches. The Application also includes large buffers <br /> around the affected land, which will minimize disruptions to any migrating wildlife. <br /> 12. Applicant also presented testimony regarding geotechnical aspects of <br /> the Application, stating that a third of the budget for the Application was dedicated <br /> to geotechnical issues. Applicant's consultants took numerous core samples from the <br /> area, analyzing for quality, strength, and stability. <br /> 13. The Division recommended approving the permit Application. <br /> Albert Frei& Sons, Inc. <br /> Walstrum Quarry/M-1983-033 2 <br />