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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 A 112C AMENDMENT BY THE <br /> CITY OF LAFAYETTE, File No. M-2010-071 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> January 18, 2023 via video conference for a hearing to consider the application of <br /> the City of Lafayette ("Applicant") for a 112c Amendment, file number M-2010-071. <br /> Brock Bowles appeared on behalf of the Division of Reclamation, Mining and Safety <br /> ("Division").1 Peter Wayland and Melanie Asquith appeared on behalf of Applicant. <br /> The Board, having considered the presentations of the parties, materials <br /> presented with this matter and having been otherwise fully informed of the facts in <br /> this matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. The Applicant holds a 112c reclamation permit for a 232-acre borrow <br /> material operation. The site, known as the Goose Haven Reservoir#2 - Complex <br /> Expansion, is located in Section 15, Township 1 North, Range 69 West, 6th Principal <br /> Meridian, Boulder County, permit number M-2010-071. <br /> 2. Following a hearing and through an order effective on July 21, 2021, the <br /> Board found Applicant in violation of section 34-32.5-124(1) for failing to comply with <br /> the conditions of its permit (the "July 2021 Orden'). The July 2021 Order included a <br /> corrective action requiring Applicant to"submit an amendment application to the <br /> Division to update the approved mining and reclamation plans and maps as well as <br /> the hydrologic evaluation for the site to address the new reservoir construction." <br /> 3. Applicant complied with the corrective action by submitting an <br /> amendment application, received by the Division on July 22, 2021 and deemed <br /> complete on October 11, 2021 ("AM2"). <br /> 4. The Division sent Applicant its first adequacy letter on November 30, <br /> 2021. <br /> 5. Applicant requested and was granted several extensions of the decision <br /> date for AM2, including an extension beyond the 365-day limit. <br /> 6. Board consideration of AM2 was scheduled for the December 14, 2022 <br /> Board meeting. Applicant requested and was granted a continuance to the January <br /> 1 The Division was advisory staff to the Board, not a party, in this proceeding. <br />