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<br />the Application as Peck Creek Tributary and notifies the homeowners' association and the public <br />and submits the results to the Division for review and to the Board for approval. <br />9. The testimony and exhibits and legal argument presented by Mueller and the Division <br />are persuasive on the advisability of requiring Mueller to commit to notifying the surface owner <br />upon discovery of cultural and historic resources and to giving the surface owner a reasonable <br />amount of time to act with diligence to record these resources with the Colorado Historic <br />Preservation Officer and recover them. <br />CONCLUSIONS OF LAW <br />]. The Board's authority to review an application for a permit is set forth in §§ 34-32.5- <br />115(4) and 34-32.5-116, C.R.S. (1997). <br />2. The Siloam Stone Pit Application meets the requirements of §§ 34-32.5-112, 34-32.5- <br />115(4) and 34-32.5-116, C.R.S. (1997) and all applicable Construction Materials Rules and <br />Regulations. <br />3. Because Ferd Mueller's Application conforms to the requirements set forth above and <br />further because Ferd Mueller has agreed to comply with the terms of the conditions and <br />stipulations set forth below and incorporated into this Order as conditions upon which it is <br />granted, the Boazd has no grounds upon which to deny the Application. <br />The following conditions and stipulations shall be incorporated into and made part of this <br />Order: <br />(1) There shall be no mining operations within the "buffer zone," including rock picking <br />and slab mining, unless and until Mueller submits a blasting plan; notifies the surface owners and <br />the public, by publication in a local newspaper; gets Division approval; and is given Board <br />authorization following a formal public hearing. <br />(2) There shall be no mining operations, including rock picking and slab mining, within <br />the "buffer zone" unless and until Mueller submits a hydrologic impact analysis for the area <br />identified in the Application as Peck Creek Tributary; notifies the surface owners and the public. <br />by publication in a local newspaper; gets Division approval; and is given Board authorization <br />following a formal public hearing. <br />