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~ }:. ~ ~ ~ • <br />t <br />4. The 1981 permit is, therefore, vacated. <br />~ 5. A comparison of post-mining land use to: 1) other land uses in the <br />vicinity; 2) existing conditions of natural vegetation, wildlife, water and <br />sail; and 3) the pre-mining land use, all dictate that approximately 27 acres <br />of affected land listed on the soils map as Niwot Soil, shall be reclaimed as <br />flood irrigated hay meadow. Only by such action can the affected land be <br />adequately rehabilitated and reclaimed. <br />6. The changed course of the South St. Vrain River constitutes affected <br />land and must be reclaimed. <br />7. Applicant must amend its permit application to provide for: <br />a. seeding, fertilizing, grading and topsoiling of hay meadow; <br />b. irrigation for reclamation of hay meadow. <br />c. complete reclamation of all roads which are affected lands as <br />defined in the Act, on the leased premises; <br />d. written consent by the landowner for construction of new roads on <br />the leasehold; and <br />e. returning the South St. Vrain River to its original channel. <br />f. eliminating ponds, which are affected lands as defined in the <br />Act, from the area of hay meadow. <br />Landowner requests leave to amend these Proposed Findings of Fact and <br />Conclusions of Law to conform to the evidence and issues developed in this <br />case. <br />Respectfully submitted this 9th day of April, 1984. <br />Karl F. Kumli, III <br />Attorney for Landowner <br />1375 Walnut Street, Suite 215 <br />P. O.Box 2279 <br />Boulder, CO 80306 <br />Telephone: 440-0075 <br />-3- <br />