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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br /> <br />F/ND/NGS OF FACT, CONCLUSIONS OF LAW, AND ORDER -~ <br />IN THE MATTER OF THE 112 APPLICATION OF MOBILE PREMIX CONCRETE, INC. FOR <br />THE TANABE PIT. FILE NO. M-2000-002. <br />THIS MATTER came before the Mined Land Reclamation Board on June 21, 2000 at Denver, <br />Colorado for the hearing of an application for a permit to mine construction materials, pursuant to <br />§ 34-32.5-112, C.R.S. The applicant appeared and was represented by Jeff Schwarz, Esquire. The <br />objectors included Commerce City, represented by Neil Goodenough, Planning Manager for the <br />Department of Community Development, and Pinnacle Pines LLC, represented by Robert A. Bassett, <br />Esquire. The Division appeared in the capacity of staff for the Board. The Board, having considered <br />the application, the testimony and exhibits of the parties, and having been otherwise fully informed in <br />the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On January 7, 2000, Mobile Premix Concrete, Inc. (Mobile) filed with the Division of Minerals <br />and Geology (Division) an application for a construction materials permit, pursuant to Section 34-32.5- <br />112, C.R.S. <br />2. The proposed 78.9 acre permit area is located approximately l.2 miles east of the South Platte <br />River, immediately South of East 1 l2a' Avenue and immediately East of OId Brighton Road, in Adams <br />County. <br />3. Mobile seeks to excavate sand and gravel, and reclaim the area as water resources and <br />wetlands. <br />4. The Division received objections from several parties, and the Division held an informal <br />conference on March 27, 2000. Only two objectors were unable to resolve their objections prior to the <br />hearing. <br />5. On June 2, 2000, the Division recommended that the application be approved without <br />condition. <br />6. The Board's prehearing conference officer conducted a prehearing conference on June 13, <br />during which the parties were identified as Mobile, Commerce City and Pinnacle Pines. The parties <br />identified three issues: <br />a) Whether the Colorado Mined Land Reclamation Board has the authority to issue a <br />mining and reclamation permit to the applicant in the absence of prior approval for a <br />Conditional Use permit from Adams County. <br />