Laserfiche WebLink
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 PERMIT OF W.W. <br /> CLYDE & CO., BERNHARDT SAND AND GRAVEL PIT; File No. M-2023-025 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> August 21, 2024 for a hearing to consider the application of W.W. Clyde & Co. <br /> ("Applicant") for a 112c Permit, file number M-2023-025. <br /> Rob Zuber, Patrick Lennberg, Amy Eschberger, and Senior Assistant <br /> Attorney General Scott Schultz appeared on behalf of the Division of Reclamation, <br /> Mining and Safety ("Division").1 Andy Carpenter and J.C. York, P.E., appeared on <br /> behalf of Applicant. Cheryl Kasten ("Objector") appeared on her 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 Bernhardt Sand and Gravel Pit in Weld County, <br /> Colorado ("Application"). Located in Section 24, Township 4 North, Range 67 West, <br /> 6th Principal Meridian, the site would mine sand and gravel. <br /> 2. The Application proposes 111.01 acres of permitted area, with <br /> approximately 98 acres of primary disturbance. The site will contain an extraction <br /> area and an on-site processing area with wash ponds. The operation will ultimately <br /> develop one large excavation area that will be a lined water storage reservoir with <br /> grass embankments following reclamation. <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 Johnstown Breeze once a week for four consecutive weeks <br /> and mailed required notices in accordance with the Rules. During the public <br /> comment period, the Division received five timely letters of objection from six <br /> objectors and comment letters from Colorado Parks and Wildlife, History Colorado, <br /> and the Division of Water Resources. <br /> 1 The Division was advisory staff to the Board, not a party, in this proceeding. <br />