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' • • III IIIIIIIII IIII III <br />999 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />pale : S,. (~ / 1 ~~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF AMERICAN SODA, L.L.P., YANKEE GULCH MINERALS <br />PROJECT, FILE NO. NI-99-002, APPROVAL OF A 1 l2 PERMIT APPLICATION OVER <br />OBJECTIONS <br />THIS MATTER having come before [he Mined Land Reclamation Board ("the Board") on June <br />23, 1999, for a hearing, the Board makes the following Findings of Fact and Conclusions of Law, <br />and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On Februazy 2, 1999, American Soda, L.L.P., filed a 112 Permit Application, File <br />No. M-99-002, to conduct a nacholite solution mining operation in Rio Blanco County, <br />Colorado, Sec. 15, TIS, R97W, 6th P.M. After consideration, the Division determined that the <br />mining operation is a designated operation as defined in the Colorado Mined Land Reclamation <br />Act, Sections 34-32-101 et sec ., C.R.S. (1998) ("the Act"). As a result of the Division's <br />determination, [he application was amended to address the additional requirements of the Act <br />with respect to designated mining operations. <br />2. Timely objections to the application were received by the Division of Minerals <br />and Geology ("Division"). The parties waived the informal conference pursuant to Hard <br />Rock/Metal Mining Rule 1.4.6(])(b) <br />The matter was scheduled for the June 22-23, 1999, Board hearings. <br />4. On June 3, 1999, [he Division issued a recommendation to the Board to approve <br />the permit application. On the same day, the Division mailed its approval recommendation <br />rationale [o all the parties, addressing the objections and concerns raised during the public <br />comment period and informal conference phases. <br />5. On June I5, 1999, aPre-hearing Conference was held in Denver, Colorado, to <br />verify the list of parties and to narrow and distill the issues to be considered by the Board at the <br />final hearing. Catherine Kraeger-Rovey presided as the Pre-hearing Conference Officer <br />designated by the Board. As a result of the Pre-hearing Conference, apre-hearing order was <br />generated, listing the parties and outlining the schedule and time allotments for presentations at <br />the final hearing. <br />6. At the Pre-hearing Conference, Ms. Kraeger-Rovey determined that the issues to <br />be considered by [he Board at the Final Hearing were to consist of: <br />• Impacts on quantity and quality of water. <br />