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4. The public comment period closed on November 8, 2023. Following the <br /> close of public comment, the Division received approximately one untimely letter of <br /> objection. <br /> 5. During the review period, the Division generated four adequacy review <br /> letters. The Applicant addressed all the Division's adequacy issues to the Division's <br /> satisfaction. <br /> 6. On July 11, 2024, based on the applicable requirements of the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. ("Act") and the Rules, the Division issued and served on all parties <br /> both a written recommendation for approval of the Application over objection and a <br /> written rationale for that recommendation. <br /> 7. On July 31, 2024, 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. Three objectors forfeited party status by failing to attend <br /> the prehearing conference in accordance with Rule 2.7.3. <br /> 8. Another two objectors forfeited party status by failing to attend the <br /> hearing. <br /> 9. At the hearing, the Division presented information about the <br /> Application, the mining plan, and the application process. Applicant had complied <br /> with the notice requirements of the Act and Rules, by publishing notice in the <br /> appropriate newspaper, mailing notice to landowners within 200 feet of the proposed <br /> boundaries, posting notice around the site, and by notifying the county clerk and <br /> recorder. Regarding wildlife issues, the Division presented testimony that an eagle's <br /> nest in the area had been abandoned and destroyed and that there were no <br /> threatened or endangered species present. No mining will take place in riparian <br /> zones. The site's grasses have been affected prior agriculture uses, and no state listed <br /> species or habitat were identified in the permit area, including no prairie dogs or <br /> borrowing owls. Regarding hydrology, the Division stated that the proposed <br /> operations would not cause flooding issues and that the proposed 400-foot mining <br /> buffer from the river was recommended by Division guidance. Groundwater impacts <br /> will be mitigated by an underdrain and monitored with four wells. <br /> 10. Applicant presented testimony regarding the Application. Applicant <br /> described their efforts to comply with the notice requirements of the Rules and Act <br /> and separate outreach through emails and phone calls to the objectors. Applicant also <br /> described its evaluations of the site to determine if any threatened or endangered <br /> species were at the site and worked with Colorado Parks and Wildlife to confirm <br /> their work on wildlife issues. Applicant will also do another raptor survey 30 days <br /> W.W. Clyde & Co. <br /> Bernhardt Sand and Gravel Pit <br /> M-2023-025 2 <br />