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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 APPLICATION OF KELLEY TRUCKING, INC. FOR A <br /> 112 CONSTRUCTION MATERIALS RECLAMATION PERMIT, File No. M-2019- <br /> 053 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> January 19, 2022 via video conference for a hearing to consider the application for a <br /> 112(c)construction materials reclamation permit filed by Kelley Trucking ("Applicant"), <br /> file number M-2019-053. <br /> Patrick Lennberg, Jared Ebert, and First Assistant Attorney General Jeff Fugate <br /> appeared on behalf of the Division of Reclamation, Mining and Safety("Division"). John <br /> Kelley, Calvin Kelley, and Rita Connerly, Esq. appeared on behalf of Applicant. Danni <br /> Danko-Holloway("Objector")and Katherine Roush, Esq. appeared on behalf of <br /> Objector. <br /> The Board, having considered the presentations, testimony, and evidence of <br /> the Division;' Applicant; and the objectors; and being otherwise fully informed of the <br /> facts in the matter including through the testimony presented and exhibits submitted <br /> by the parties, eaters the following: <br /> FINDINGS OF FACT <br /> 1. On April 13, 2020, the Applicant submitted a 112c reclamation permit <br /> application under section 34-32.5-112, C.R.S. for a site known as the Watkins Mine, <br /> file number M-2019-053 ("Application"). The site is located in section 34, Township 3 <br /> South, Range 64 West, 61h Principal Meridian, in Adams County, approximately 4 miles <br /> north of Watkins, Colorado. <br /> 2. On July 4, 2020,the Division deemed the application complete for <br /> purposes of filing and review. <br /> 3. The Application proposed a 116.02-acre site for borrow material and was <br /> submitted in response to a Board Order dated January 13, 2020, that found that <br /> Operator had engaged in a new mining operation without first obtaining a permit. <br /> 4. Applicant published notice of the Application once a week for four weeks <br /> beginning on July 10, 2020 through July 30, 2020, pursuant to section 34-32.5- <br /> The Division was advisory staff'to the Board, not a party, in this proceeding. <br />