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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 PERMIT OF RAPTOR <br /> MATERIALS, LLC, TWO RIVERS SAND, GRAVEL AND RESERVOIR <br /> PROJECT; File No. M-2022-013 <br /> THIS MATTER came before the Mined Land Reclamation Board (`Board") on <br /> April 19, 2023, in Denver, Colorado and via videoconference for a hearing to <br /> consider the application of Raptor Materials, LLC ("Applicant") for a 112c permit, <br /> file number M-2022-013. <br /> Rob Zuber, Michael Cunningham, Russ Means, and First Assistant Attorney <br /> General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). Garrett Varra and Peter Christensen appeared on behalf of <br /> Applicant. William Humphries, Karen Johnson, Catherine Olmsted, and Dr. <br /> Charles Olmsted (collectively "Objectors") appeared on their own behalf. <br /> The Board, having considered presentations, testimony, materials submitted, <br /> and being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. Applicant filed an application with the Division for a 112c reclamation <br /> permit for a site known as the Two Rivers Sand, Gravel and Reservoir Project in <br /> Weld County, Colorado ("Application"). Located in Section 3, Township 4 North, <br /> Range 66 West, 6th Principal Meridian, the approximately 409-acre site would mine <br /> sand and gravel to be transported via conveyor to be crushed, screened, and washed <br /> on-site. <br /> 2. The Application's mining plan anticipates using conventional surface <br /> mining to ultimately develop two large excavation areas that will become clay-lined <br /> reservoirs with grass embankments after reclamation. Mining will advance <br /> through seven phases, with reclamation of pit walls occurring in subsequent phases <br /> as the operation progresses, which will reduce the extent of unreclaimed <br /> disturbance at any one time. <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 <br /> the Extraction of Construction Materials, 2 CCR 407-4 ("Rules"), the Applicant <br /> published notice in the Greeley Tribune once a week for four consecutive weeks and <br /> mailed required notices in accordance with the Rules. During the public comment <br /> period, the Division received eleven timely letters of objection and two comment <br />