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 112C PERMIT OF OGILVY <br /> RIVER FARM, LLC; File No. M-2024-006 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 11, 2024 and January 15, 2025 for a hearing to consider the application of <br /> Ogilvy River Farm, LLC ("Applicant") for a 112c permit, file number M-2024-006. <br /> Brock Bowles, Zach Trujillo, Russ Means, and First Assistant Attorney <br /> General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). J.C. York, P.E., of J&T Consulting, appeared on behalf of <br /> Applicant. Roberta Smith ("Objector") appeared on her own behalf. <br /> The Board, having considered the presentations, testimony, materials <br /> submitted, and being otherwise fully informed of the facts in the matter, enters the <br /> 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 Ogilvy River Farm in Weld County, Colorado <br /> ("Application"). Located in Section 8, Township 5 North, Range 64 West, 61h <br /> Principal Meridian, the approximately 71.91-acre site would mine sand and gravel. <br /> 2. The Application's mining plan anticipates using conventional surface <br /> mining to ultimately develop one clay-lined reservoir after reclamation. Mining will <br /> advance through two phases, with an initial phase excavating to two feet above the <br /> groundwater line. The second phase will follow with the installation of a slurry wall <br /> before excavation below the groundwater level will begin. <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 one timely letter of objection and two comment letters <br /> from Colorado Parks & Wildlife and the Colorado Division of Water Resources. The <br /> public comment period closed on May 9, 2024. <br />