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Section 20 Rationale <br /> February 9,2023 <br /> Page 2 of 7 <br /> and the southwest corner of Cell 6 may be backfilled and used as future commercial sites or may be <br /> converted to a water storage facility. <br /> The site is located approximately 1 mile northwest of Gilcrest,CO in Weld County. <br /> Pursuant to Section 34-32.5-112(9)(b), Rule 1.6.2(1)(d) and Rule 1.6.5(1),the Applicant published <br /> the required public notice for the application once a week for four(4) consecutive weeks beginning <br /> on February 24, 2022 with the last date of publication on March 17, 2022. The public comment <br /> period closed on April 6, 2022. The public notices were published in the Fort Lupton Press, a <br /> publication in general circulation in the vicinity of the mine. During the public comment period,the <br /> Division received one (1)written objection and three (3) comments from the state agency listed <br /> below. <br /> Timely Letters of Objection: <br /> Person or Entity Date Objection Received <br /> Neil Shimon April 6, 2022 <br /> Timely Commenting Agency: <br /> Agency Date Comment Received <br /> Colorado Parks and Wildlife February 11, 2022 <br /> Colorado Division of Water Resources February 24, 2022 <br /> History Colorado February 28, 2022 <br /> The Division forwarded copies of the objection and comments to the Applicant and scheduled the <br /> application for a hearing before the Colorado Mined Land Reclamation Board (Board)and a Pre- <br /> hearing Conference. The Division provided notice of the scheduled Board hearing and Pre-hearing <br /> Conference to all parties and interested persons. Due to the timely objection, on the decision date <br /> the Division cannot make a decision on the application, but rather a recommendation to the Board. <br /> During the review period the Division generated seven (7)adequacy letters. The Applicant <br /> addressed all adequacy issues to the Division's satisfaction. Therefore, on February 9, 2022,the <br /> Division determined the application satisfied the requirements of C.R.S. § 34-32.5-115(4) and issued <br /> its recommendation to approve the application over objections. <br /> Issues Raised by the Objecting Party <br /> The timely objection received by the Division was categorized by the issues pertaining to the mining <br /> and reclamation activities potentially causing adverse effects to Mr. Shimon's property and the <br /> surrounding area, including; <br /> 1. Water quality and quantity of Mr. Shimon's shallow well. <br /> 2. Loss of water to Mr.Shimon's well because of the depth of the mining operation. <br />