REV91033

• Permit No: M1977141
• IBM Index Class Name: Revision
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
• Type & Sequence: HR1
• Media Type: D
• Archive: No

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9. The amended permit, as approved requires Andesite to reclaim the lower
27 acre area near St. Vrain Creek, known as the Niwot Soils Area, in a
manner which will make it suitable for use as a hay meadow. Under the
permit requirements, the area will have a minimum of 12 inches of
topsoil replaced, will be seeded with a grass meadow mix, and will be
irrigated.
10. The amended permit, as approved addresses the reclamation of all ponds
within the permit area, and of certain other areas disturbed or to be
disturbed which are shown on the maps of the area submitted to the
Division by Andesite.
11. Andesite has not relocated the channel of South St. Vrain Creek.
12. The amended permit, as approved requires Andesite to reclaim the
affected lands with the fol]owing mixes of grasses, shrubs, and trees;
in the uplands area, Western Wheatgrass, Little Bluestem, Green
Needlegrass, Big Bluestem, Sideoats Grama, Rubber Rabbitbrush, and
Mountain Mahogany; in the Niwot Soils Area, Smooth Brome, Orchard Grass,
and Intermediate Wheatgrass, Red Top, Timothy and fertilizer; in the area
immediately adjacent to St. Vrain Creek, cottonwood, American Plum,
Golden Current, Chokecherry, and Mountain Mahogany and predominantly
willow. This shall establish a cover in the affected lands at least
equal in extent to that of the natural vegetation of the surrounding
area.
13. Andesite has indicated that it will meet its project water requirements
through use of water rights owned by Mr. Hall.
14. Mr. Hall has not consented to the use of his water rights. The rental
of equivalent water would cost approximately $24,000.00 for two growing
seasons.
15. Andesite's permit amendment application calls for backsloping of the
soil mantle and unconsolidated material above the quarry wall at 2
horizontal to 1 vertical. Such backsloping would not provide sufficient
stability. Such stability would be provided by a 3:1 ratio.
16. The operator must backslope the unconsolidated referred to in 15 above
to 3 horizontal to 1 vertical.
CONCLUSIONS OF LAW
Andesite did not provide notice to Mr. Hall that meets the requirements
of section 34-32-112(10)(c), C.R.S. (1983 Supp.) and section 2.22 of the
"Rules and Regulations for Mining of all Minerals Other Than Coal," 2
CCR 407-1, at 20 (6-83).
2. This defect in notice gave Mr. Hall the right to raise objections in
this proceeding both to the permit amendment application and to the
original permit application.