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resulting in a decrease in capacity to approximately 21,000 acre feet. Because the <br /> decrease in capacity was affecting Applicant's ability to supply its customers with <br /> sufficient water, it began dredging sediment from the lake in 2021. Dredging was <br /> intended to return Milton Reservoir to the capacity originally decreed in 1909 and to <br /> expand capacity for future water allotments. <br /> 16. Sediment dredged from Milton Reservoir was stockpiled on the site until <br /> the stockpiles became large enough that Applicant began to consider selling the <br /> materials. Sales began after an oil and gas company approached Applicant about <br /> buying dredged materials for use in reclamation projects. Once the Division inspected <br /> the site and informed the Applicant that it needed a reclamation permit to sell <br /> materials, the Applicant stopped sales the next day and started the application <br /> process. <br /> 17. Regarding notice issues, Applicant testified that it had provided notice <br /> through publication in the Greely Tribune and by mail as required the Act and <br /> Rules. Applicant presented evidence of mailings to landowners and testified that it <br /> had provided notice to the two metropolitan districts related to the Beebe Draw <br /> Farms Authority. Applicant presented evidence and testimony stating that the <br /> Beebe Draw Farms Authority was not established under the metropolitan district <br /> statute and that Applicant had therefore not provided it with separate notification. <br /> 18. Applicant presented testimony regarding wildlife issues, stating that it <br /> had committed to abide by recommendations requested by Parks & Wildlife, <br /> including protecting severe winter range habitat of deer by pausing construction <br /> during winter months. Applicant obtained an incidental take permit for eagles from <br /> the U.S. Fish and Wildlife Service ("USFWS") and will maintain buffer zones <br /> around nesting areas with monthly monitoring and annual reporting to the <br /> USFWS. There will also be buffer zones around nesting areas for other birds and <br /> the sand processing plant, should it be built, will be outside those zones. <br /> 19. Regarding hydrological balance and water quality issues, the Applicant <br /> presented testimony regarding its efforts to collect samples from around the site, <br /> including from stockpiled material and water samples. Monthly testing will be done <br /> at the cyclone processing site, and quarterly reporting will be done for VOCs, <br /> metals, and total dissolved solids. The Applicant has a stormwater drainage plan to <br /> use berms or swale to direct runoff to a sediment trap before it infiltrates into the <br /> ground or is returned to Milton Reservoir. <br /> 20. Objectors presented testimony, primarily focusing on issues related to <br /> their concerns regarding Applicant's actions prior to the Division's initial inspection, <br /> ecological issues, and regarding notice. Both Objectors raised concerns about the <br /> current lack of dust control on the site, both on the stockpiles already on the site <br /> and dust from a haul road. Objector Coleman stated that Beebe Draw Farms <br /> Authority should have been directly notified of the Application. Both Objectors <br /> Farmers Reservoir and Irrigation Company, LLC <br /> Farmers Sand/M-2024-057 4 <br />