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4. During the review period, the Division generated three adequacy <br /> review letters. The Applicant addressed all of the Division's adequacy issues to the <br /> Division's satisfaction. <br /> 5. On June 13, 2025, 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 both a <br /> written recommendation for approval of the Application over objections and a <br /> written rationale for that recommendation and subsequently served it on all <br /> parties. <br /> 6. On July 2, 2025, 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 issues for the parties to <br /> present to the Board for consideration. At the hearing, the Board considered the <br /> draft prehearing order and invited amendments or adjustments to be proposed by <br /> the parties. The Board adopted the draft prehearing order as presented. <br /> 7. At the July 16, 2025 hearing, The Division presented testimony <br /> regarding its review of the Application and addressed issues identified in the <br /> prehearing order. The Application proposes a mining operation that dredges <br /> sediment from the bottom of Milton Reservoir, stockpiles it, and currently uses a <br /> cyclone and a series of settling ponds to separate and dewater sand, which is then <br /> stockpiled for sale. The Application proposes an operation time frame of 20 years, <br /> with a post-mining use of developed water resource. Sand stockpiles will be sold and <br /> reclaimed, with settling ponds being graded and reseeded. <br /> 8. Regarding wildlife issues, the Division presented testimony that the <br /> Applicant had addressed issues related to potential eagle, waterbird, and white <br /> pelican nesting areas raised by Colorado Parks & Wildlife through buffer zones. <br /> Parks & Wildlife indicated that a memo supplied by the Applicant had resolved its <br /> concerns. <br /> 9. Regarding water quality, the Division presented testimony regarding its <br /> request that Applicant provide details regarding the materials being dredged from <br /> Milton Lake. Applicant provided the Division results from samples it took of the <br /> dredged materials and from several locations on the site. The test results showed <br /> levels of metals that were either below limits or below detectible limits. Several <br /> volatile organic compounds ("VOCs") were detected, but there are no regulatory <br /> limits for those compounds, and the Applicant does not use those chemicals in its <br /> operations. The VOCs were likely from other sources not associated with the <br /> operation. The Applicant will conduct ongoing sampling and provide the Division <br /> with quarterly reports and immediate notification if results are over applicable <br /> limits. <br /> Farmers Reservoir and Irrigation Company, LLC <br /> Farmers Sand/M-2024-057 2 <br />