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<br />-3- <br />3. The defect in notice does not require that the permit be nullified. <br />4. The permit, as it would be amended under the proposed amendment, <br />requires "reclamation" of the Niwot Soils Area within the meaning of <br />section 34-32-103(13), C.R.S. (1983 Supp.). <br />5. The amended permit, as approved requires the reclamation of all <br />"affected lands" within the meaning of section 34-32-103(1), C.R.S. <br />(1983 Supp.). <br />6. There is no ]egal basis for requiring Andesite to take action with <br />respect to the course of St. Vrain Creek. <br />7. The permit, as amended under the proposed amendment, would satisfy the <br />requirements of section 34-32-116(1)(f), C.R.S. (1983 Supp.). <br />8. Andesite has indicated the water rights and sources of water to supply <br />project requirements, as required by section 2.12(7)(d) of the "Rules <br />and Regulations for Mining of All Minerals Other than coal," 2 CCR <br />407-1, at 20 (6-84), but it is uncertain whether those rights will <br />actually be available to Andesite. <br />DECISION <br />1. The Board approves this permit amendment with the following stipulations: <br />a. That Andesite remove all ponds in the permit area. <br />b. That the unconsolidated material above the quarry be backsloped at 3 <br />horizontal to 1 vertical. <br />c. That the Board drop the original commitment for irrigating upland <br />areas which are definitely grazing land. However, meadow areas <br />adjacent to St. Vrain Creek should be seeded with the proposed <br />meadow mix and irrigated until established. <br />2. The financial warranty was increased at the April 25, 1984 formal <br />hearing from $37,953.00 to $142,800.00. A portion of this increase <br />($24,000.00) reflects the cost associated with renting water needed for <br />reclamation. <br />Dated this day of May, 1984 <br />~~ `' <br />Dic e ee Nu inghorst, airman <br />Mined Land Reclamation Division <br />/th <br />Doc. No. 1288 <br />