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` ;~ <br />- ~ <br />~~ <br />~~ <br />7. The 1981 permit states that the 27-acre area of affected land is to <br />be reclaimed as cattle range land. <br />8. The pre-mining use of the 27-acre parcel was hay meadow. <br />9. Adjoining land uses to the 27-acre parcel listed as Niwot Soil on <br />the soils map include flood irrigated hay meadow. <br />10. The 27-acres can be reclaimed to support flood irrigated hay meadow. <br />11. The intent of the Applicant and the Landowner, as manifested by <br />their lease, prior business dealings, and representations to this Board, show <br />an intention that the land be reclaimed as flood irrigated hay meadow. <br />12. Minimization of disruption due to mining and rehabilitation of the <br />affected lands in the 27-acre Niwot Soil Area appropriate to the subsequent <br />beneficial use of the land can be effected only by restoring the land to flood <br />irrigated hay meadow. <br />13. Affected land as defined in the Act and in the Board's regulations <br />include roads. 34-32-103(1). Reclamation is required on all affected lands. <br />34-32-116(k). <br />14. The reclamation plan maps of the Applicant show access roads which <br />were constructed by the Applicant. From the reclamation plan maps it appears <br />that Applicant does not presently intend to reclaim such roads. <br />15. For the Operator to comply with its mining plan, and thereby fulfill <br />the requirements of its performance warranty, it will be necessary for the <br />Operator to obtain the consent of the Landowner to construct new roads on the <br />property. It does not presently appear that such consent has been obtained by <br />the Operator. <br />16. Mining operations have changed the course of the South St. Vrain <br />River. <br />17. Ponds are not scheduled to be reclaimed by Andesite. <br />II. CONCLUSIONS OF LAW <br />1. Applicant did not comply with the requirements of Section <br />34-32-112(10)(c), CRS 1973, as amended. <br />2. The failure of the Applicant to comply with Section 34-32-112(10)(c), <br />CRS 1973, as amended, is material, since the Landowner received no notice of <br />the proceeding which resulted in the promulgation of the permit on December <br />29, 1981. <br />3. Landowner's rights will be directly and adversely affected if the <br />1981 permit proceeding is not vacated because the Landowner was not afforded <br />opportunity to comment or present evidence, inter alia, as to the type of <br />post-mining land use and reclamation chosen. <br />-2- <br />