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33. Reclamation plans for mining sites must provide that disturbances to the <br /> Prevailing hydrologic balance of the affected land and surrounding areas, and to the quality <br /> and quantity of water in surface water and groundwater systems, will be minimized. §34- <br /> 32.5-116(4)(h), C.R.S.; Rule 3.1.6. In consideration of the Application, information from <br /> Applicant, and other information presented at the hearing,Applicant met their burden to <br /> prove compliance with section 34-32.5-116(4)(h), C.R.S. and Rule 3.1.6. <br /> 34. The Applicant has also complied with Rules 3.1.8 and 6.4.8's <br /> requirements regarding wildlife. Based on the Application and evidence presented, the <br /> Application adequately takes into account the safety and protection of wildlife at the <br /> proposed site. Because it complies with Rules 3.1.8 and 6.4.8, wildlife issues are not <br /> cause to deny the Application under section 34-32.5-115(4)(c), C.R.S. <br /> 35. Under section 34-32.5-115(4)(e), C.R.S. and Rule 6.4.19, the Board may <br /> deny an application if the mining operation will adversely affect the stability of any <br /> significant, valuable, and permanent manmade structure unless there is an agreement <br /> providing for compensation to the owner if the structure is damaged or, if no agreement is <br /> reached, the operator provides an engineering evaluation demonstrating that the <br /> structures will not be damaged by the mining operation. The Application, information <br /> from Applicant, and other information presented at the hearing, demonstrate that <br /> Applicant has entered into the required agreements where possible and provided an <br /> engineering report as required for the structures for which no agreement has been <br /> reached. There is no cause to deny the Application under section 34-32.5-115(4)(e), <br /> C.R.S. <br /> 36. Under the Act, the Division and the Board shall grant a permit to an <br /> applicant who complies with section 34-32.5-115(4), C.R.S. The Application complies <br /> with section 34-32-115(4), C.R.S. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board hereby <br /> approves the Application, over objections, with the condition that land shall not be <br /> affected in Tract L, Tract O and County Road 23.5 until final crossing designs are <br /> approved by the respective County and documentation of the approval has been <br /> submitted to the Division. <br /> DONE AND ORDERED this��' day of March 2022. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jo Singletary, Chair <br /> Aggregate Industries—WCR, Inc. <br /> Tucson South Resource/M-2004-044 6 <br />