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