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<br /> <br />~_ <br />6. Mr. Squire presented the Division's Rationale For Recommendation. He testified that the <br />application satisfies the requirements of § 34-32.E-1 l2, provided the permit is conditioned to require <br />that "Prior to mining within 400 feet of the top of the bank of the South Platte River, the Operator will <br />provide and gain approval of a technical revision that includes an evaluation of the stability of riverside <br />berms to be left at the conclusion of mining." <br />7. Mobile Premix's witnesses testified that it intends to monitor the groundwater level, as well as <br />bank stabilization, to identify any potential problems caused by the operation, so that it can implement <br />any necessary remedial measures. They testified that [he application satisfies [he requirements of § 34- <br />32.5-112, and that it is willing to accept the condition proposed by the Division. <br />8. Since Mr. Davis withdrew his objections, he is no longer a party. Since the remaining two <br />objectors have failed to appear at [he prehearing conference and the heazing, the Board received no <br />evidence in support of their objections to this application. <br />9. In the absence of controverting evidence, and in light of the Division's and Mobile Premix's <br />testimony that the application satisfies all prerequisites for the subject permit's approval, the Board <br />concludes that Mobile Premix has satisfied its burden of proof that the application does satisfy al] <br />requirements in § 34-32.5-112, and that the permit should be granted. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that the 112 permit <br />application, File No. M-2000-016, submitted by Mobile Premix Concrete, Inc., is hereby approved <br />with the following condition: <br />1. Prior to mining within 400 feet of the top of the bank of the Sottth Platte River, the Operator <br />will provide and gain approval of a technical revision that includes an evaluation of the stability of <br />riverside berms to be left at [he conclusion of mining. <br />In accordance with the recommendation of the Division, the Financial Warranty for this permit is se[ at <br />$743,000. <br />•"1. ~1.~ <br />DATED this Z day of ~~w1w... , 2000, effective thew day of <br />~~~ , 2000, Nunc Pro Tunc. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Michael B. Long irector <br />Division of Minerals an e ~y <br />