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r~ <br />-~- <br /> <br />FINDINGS OF FACT <br />1. The testimony and exhibits presented by the Applicant (Delta County) and the Division are credible <br />and persuasive on the issue of timely reclamation performed at the site. The Board finds that the <br />Applicant is incompliance with the provisions of Permit No. M-79-140. <br />2. The testimony and exhibits presented by the Applicant and the Division are credible and persuasive <br />on the issue of adequacy of wildlife information (Exhibit H) and demonstrated that the Applicant's <br />plan will minimize the adverse impacts to wildlife habitat. <br />CONCLUSIONS OF LAW <br />The Board's authority to review a permit application is set forth in Sections 34-32.5-115(4) and 34- <br />32.5-116 CRS (1997). <br />2. The Lemoine Pit Amendment Application AM-O1 meets the requirements of Sections 34-32.5-112, <br />34-32.5-115(4), and 34-32.5-1 l6 CRS (1997) and all applicable Construction Materials Rules and <br />Regulations. <br />3. Because Delta County's Amendment Application AM-O1 conforms to the requirments set forth <br />above, the Boazd has no grounds upon which to deny the Application. <br />ORDER <br />Conditioned on the adherence to the requirements of the existing Permit No. M-79-140 and the <br />conditions included in this Amendment Application AM-O1, Delta County's Application for <br />Amendment No. AM-O1 to the Lemoine Pit is hereby APPROVED. <br />SO DECIDED this 21st day of October, 1998. <br />T.his~Order is effec'~tive~as of October 2l, 1998. <br />ICHAEL B. LONG <br />erector, Division of Minerals and Geology <br />~ z$ 1998 <br />Date <br />h1:10SSUiA WV.EMOAM LORD <br />