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letters from History Colorado and the Colorado Division of Water Resources. The <br /> public comment period closed on June 2, 2022. <br /> 4. During the review period, the Division generated five adequacy review <br /> letters. The Applicant addressed all of the Division's adequacy issues to the <br /> Division's satisfaction. <br /> 5. On March 30, 2023, based on the applicable requirements of the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials, <br /> Article 32.5 of Title 34, C.R.S. ("Act") and the Rules, the Division issued and served <br /> on all parties both a written recommendation for approval of the Amendment <br /> Application over objection and a written rationale for that recommendation. <br /> 6. On April 5, 2023, the Board, through a prehearing officer, conducted a <br /> prehearing conference. The prehearing officer issued a draft prehearing order. <br /> Among other things, the draft prehearing order identified jurisdictional issues to be <br /> presented to the Board. At the hearing, the Board adopted the prehearing order <br /> without amendment. <br /> 7. At the hearing, the Division presented information about the <br /> Application, the mining plan, and the application process. Regarding Objectors' <br /> arguments that the signs were inadequate, the Division presented testimony and <br /> evidence that the Applicant had posted signs around the site and that the Division <br /> had determined that the signs complied with applicable Rules. The Division also <br /> presented testimony that the Applicant's notice, as published in the Greeley Tribune, <br /> was accurate, listed the end of the public comment period, and complied with <br /> applicable Rules. The Division presented testimony that the Application had been <br /> filed with the County Clerk and Recorder's Office as required by the Rules. The <br /> Division also determined that Applicant had complied with the requirement to <br /> provide direct notice to any landowners within 200 feet of the affected lands. <br /> 8. Applicant presented testimony regarding the Application. Applicant <br /> stated that the site is intended to address local needs for construction materials and <br /> that its post-mining use will create approximately 500 acre-feet of water storage. <br /> Applicant's testimony stated that the project includes buffer zones for riparian areas <br /> and that the water storage reservoirs will have variable sloped shorelines and a <br /> minimum of 3:1 sloping. The Applicant also presented testimony that <br /> recommendations from Colorado Parks and Wildlife were being incorporated into the <br /> mining plan by keeping operations away from the South Platte River to leave a <br /> corridor for wildlife, not operating at night, and maintaining egress and ingress for <br /> animals and avoiding any uncovered pitfalls in the mining area. Applicant has also <br /> agreed to have no more than 64 acres of disturbance at a time. <br /> 9. Objectors argued that the Rules did not provide residents near the site <br /> with adequate notice and argued that the scope of the Board's and Division's <br /> Raptor Materials, LLC. <br /> Two Rivers Sand, Gravel and Reservoir ProjectlM-2022-013 <br />