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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 PERMIT AMENDMENT APPLICATION FOR <br /> 112C OF BURNCO, COLORADO, LLC; File No. M-2003-001 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> May 14, 2025, for a hearing to consider the amendment application of BURNCO, <br /> Colorado, LLC ("Applicant") for a 112c Permit Amendment, file number M-2003- <br /> 001. <br /> Nikie Gagnon and Jared Ebert appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division"). Chris Oestreich and Joel Bolduc <br /> appeared on behalf of Applicant. Ben Lobban appeared on his own behalf(Objector). <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 permit <br /> amendment for a sand and gravel site known as the Nissen Farm Resource in Weld <br /> County, Colorado ("Amendment Application"). The site currently includes 134.21 <br /> acres in Section 12, Township 5 North, Range 65 West, 6th Principal Meridian. <br /> 2. The Amendment Application proposes expanding the permit boundary <br /> to add 28 acres for a processing facility, which will be moved out of the area <br /> currently being mined. The post mining land use of the currently permitted area is <br /> a water storage reservoir, and moving the processing facility will allow the <br /> Applicant to complete mining and reclamation of the reservoir. The additional 28 <br /> acres to be incorporated under the Amendment Application will be reclaimed as <br /> pastureland. <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, which closed on December 3, 2024, the Division received one timely letter of <br /> objection signed by seven adjacent landowners and no agency comment letters. <br />