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STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Tezak Heavy Equipment Company, Inc. ) NOTICE AND ORCER 904 Highway 115 ) Penrose, CO 81240 ) TO: Tezak Heavy Equipment Company, Inc. and all other persons engaged in or owning or controlling the following operation: T.H.E. Aggregate Source mining operation located west of Canon City in Section 31, T185, R70W, 6th P.M., in Eremont County, Colorado. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.'i. 34-32-124, the Board hereby makes the following findings of fact: Tezak Heavy Equipment Company, Inc. (THECI) is permitted to conduct a mining operation under the terms of Permit M-77-193 located in Section 31, Township 185, Range 70W of the 6th P.M., in Fremont County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on November 16, 1995 to consider an amendment application submitted by THECI to expand the permitted acreage from 30 to 65 acres. 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on November 16, 1995, demonstrating that: a. Objections were received by the Division from local citizens in response to thf~ amendment application. b. There is potential for offsite impacts resulting from blasting and from release of stormwater runoff. c. Specific conditions must be required of the operator and completed prior to disturbance in the amendment area in order to ensure that the operation will be conducted in :i manner that is in compliance with the Colorado Mined Land Reclamation Act 34-32-101 gt. sec., C.R.S. 1973 Based upon the foregoing Findings of Fact, the Mined Land Reclamation Board hereby approves the THECI permit amendment request for expansion from 30 to 65 acres contingent upon the following conditions: Condition No. 1 - Blastine and Offsite Impacts DMG will require that the operator submit within 45 days an application for a technical revision which provides the details of a blasting survey and monitoring program. The blasting survey must define the maximum allowable blast (or both air and ground vibration in units of peak particle velocity in which there are no offsite impacts at the Phillip and Colita Smith residence along Tunnel Drive and the city of Canon City's water treatment plant directly east of the quarry. The blasting monitoring program must identify the location of all proposed blasting monitors and must ensure the submittal of all monitoring data to the Di~iision at least quarterly.