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<br />BEFORE THE MTIED LA'dD RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE TECHNICAL REVISION APPLICATION OF AMERICAN SODA, L.L.C., <br />YANKEE GULCH SODIUM MINERALS PROJECT, PERMIT NO. M-1999-002. <br />THIS MATTER came before the Mined Land Reclamation Board on August 24, 2000 at Denver, <br />Colorado for the hearing of an application for technical revision TR-003 to Permit No. 1999-002, a solution <br />mine permit, pursuant to § 34-32-112, C.R.S. Chris Freeman and Charlie Yates appeared on behalf of American <br />Soda. Allen Sorenson of the Division appeared in the capacity of staff to the Board. No Objector appeared. <br />The Board, having considered all the testimony and exhibits, and having been otherwise fully informed in the <br />premises„hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. During the June 1999 meeting, the Board conditionally approved the application for reclamation permit <br />M-1999-002. The approved application included a l3 month ambient ground water characterization plan <br />designed to facilitate the development of permit conditions protective of ground water. The Board ordered <br />during the June 1999 hearing that the permit conditions protective of ground water be incorporated through <br />a technical revision process that would ensure the opportunity for meaningful public participation. <br />2. in accordance with the Board Order, American Soda has provided application for technical revision TR-003 <br />including proposed points of compliance and numeric protection levels protective of ground water present in <br />the strata overlying the nahcolite solution mining interval. <br />3. The Division of Minerals and Geology recommends approval of technical revision TR-003 to Permit No. <br />M-1999-002 with several conditions, which are set forth below. <br />4. No evidence has been offered that would refute the Division's recommendation. Therefore, the Board finds <br />that the applicant has demonstrated that its plan complies with Article 32, and Ends it appropriate to approve <br />the technical revision, subject to the conditions established by the Division. <br />