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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 FOR 112C AMENDMENT OF <br /> AGGREGATE INDUSTRIES —WCR, INC.; FILE NO. M-2004-044 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board")via <br /> videoconference on January 19, 2022 for a hearing to consider the application of <br /> Aggregate Industries—WCR, Inc. ("Applicant")for a 112c Amendment, file number M- <br /> 2004-044. <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"). Nell <br /> Whitmer, Trey Poulson, and Michelle Berger, Esq. appeared on behalf of Applicant. <br /> Wayne Muhler, Sheri Gould, and Mike Lloyd appeared for Objectors. <br /> The Board, having considered the parties' presentations; testimony; and evidence of the <br /> Division,' Applicant, and the Objectors; and being otherwise fully informed of the facts in <br /> the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. On September 27, 2021, Applicant filed an application with the Division for <br /> an amendment to a 112c reclamation permit for a site known as the Tucson South <br /> Resource in Adams County, Colorado ("Application" or"AM-2"). Located in Section 1, <br /> Township 1 South, Range 67 West, 61i Principal Meridian, the Tucson South Resource <br /> is a sand and gravel operation. <br /> 2. The Application proposes expanding the permitted area by 7.7 acres for a <br /> new conveyor route and removing 3.3 acres of unaffected land related to a former <br /> conveyor route to the existing 283.2-acre site. The new conveyor route would allow <br /> Applicant to move mined materials to its separately-permitted Wattenberg Lakes site <br /> and then to its Platte Valley Operation for processing. The proposed conveyor corridor <br /> calls for a combination of overhead and underground road crossings. <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 the <br /> Extraction of Construction Materials, 2 CCR 407-4 ("Rules"), the Division received three <br /> timely letters of objection, and comment letters from History Colorado, the Colorado <br /> Division of Water Resources, and Colorado Parks and Wildlife. <br /> ' The Division was advisory staff to the Board, not a party, in this proceeding. <br />