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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 APPLICATION FORA 112 CONSTRUCTION MATERIALS PERMIT OF OWENS <br />BROTHERS CONCRETE COMPANY, FII,E NO. M-2001-046. <br />THIS MATTER came before the Mined Lands Reclamation $oazd on July 24, 2002, in Denver, Colorado for a <br />heazing on the application of Owens Brothers Concrete Company (applicant), in accordance with § 34-32.5-112, C.R.S. <br />Janet Owens and Tug Martin appeared on behalf of the applicant. No Objectors appeared. Tony Waldron of [he <br />Division of Minerals and Geology (Division), appeared as staff for the Boazd. The Board, having considered the <br />testimony and exhibits of the Division, and having been otherwise fully informed in the premises, hereby finds and <br />concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LA W <br />1. The Board has jurisdiction over this matter and the parties hereto pursuant to C.R.S. § 34-32.5-114 and 115. <br />2. The applicant seeks to operate a 112 surface gravel mine, known as the Nix Sand and Gravel Mine in Section 28, <br />T3N, R67W, 6s' P.M., Weld County Colorado. <br />3. The Division received eight objections to this application. The primazy issue raised in these objections is potential <br />impact on adjacent water wells. <br />4. The proposed site is located in an agricultural area. The Applicant intends to deep-mine in an alluvial deposit. <br />Originally, the Applicant intended to dry mine this deposit. Thus, the Applicant's plan stated that as it would <br />intercept the aquifer, it would pump water out of [he pit. This pumping plan caused concern among the objectors. <br />The Applicant addressed this concern by agreeing to wet-mine the pit. Under its new plan, it will not pump any <br />water out of the pi[, thereby eliminating the concems of the Objectors regazding potential draw-downs on the aquifer. <br />5. The Objectors have received notice of the hearing in this matter. One Objector has formally withdrawn its objection. <br />However, the other Objectors have informally notified the Division chat their concems have been satisfied. Based on <br />this information, and the fact that no Objector appeared at the hearing to contest the application, it appears [ha[ there <br />are no pending objections to this application. <br />6. This application should therefore be approved, with [he five conditions established by the Division in its May 31, <br />2002 correspondence to the company. <br />