Laserfiche WebLink
i ~~` ~ • <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />~TATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF DAVID LINCOLN, THE BENNETT SAND & GRAVEL PIT #2 SITE, FILE NO. <br />M-2001-038, CONSIDERATION OF A 112 CONSTRUCTION MATERIALS PERMIT APPLICATION <br />OVER OBJECTIONS <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on July 26, 2001, for a hearing <br />pursuant to Section 34-32.5-114, C.R.S. The Board, having considered the testimony and exhibits of the parties, <br />and having been otherwise fully informed in the premises, hereby makes the following Findings of Fact and <br />Conclusions of Law, and enters the following Order: ' <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On April 6, 2001, David Lincoln ("Applicant"), tiled an application with the Division fora 47.75 acre <br />sand and gravel pi[ operation in Adams County, Colorado, Sec. 2, T3S, R63W, 6`h P.M. The application <br />file number is M-2001-038. <br />2. The Applicant complied with all the notice procedures required in the reclamation statutes and <br />regulations. <br />3. Two objectors filed timely objections to the proposed operation during the public comment and informal <br />conference phases of application review. The Division scheduled [he permit application for a hearing <br />before the Board pursuant to § 34-32.5-114, C.R.S., and the applicable Construction Materials Rules <br />enacted thereunder. <br />4. APre-hearing Conference was held in this matter on July 16, 200]. At the Pre-hearing Conference, the <br />Board's Pre-hearing Officer set forth the list of objector issues [o be presented to the Board, verified the <br />list of parties to the final hearing, and delineated the schedule and time allotments for the Board's <br />hearing on the matter. In addition, certain parties submitted lists of exhibits and witnesses they expected <br />to use at the hearing for attachment to the Pre-hearing Order which was to be issued to the parties. <br />Following the Pre-hearing Conference, the Pre-hearing Officer drafted aPre-hearing Order which <br />included all the above information. The final Pre-hearing Order was mailed to the parties on July 16, <br />2001. <br />5. The Division participated in the final hearing in this matter as staff to the Board, and was not a party to <br />the hearing. <br />6. At the final hearing, the Board adopted the Pre-hearing Order without amendment. The Pre-hearing <br />Order is incorporated by reference herein. <br />7. Neither of the objectors were present at the final hearing. Neither objector had participated in the Pre- <br />hearing Conference. <br />8. The Board finds no basis in the record [o deny the application or add conditions to the permit pursuant <br />to Section 34-32.5-115(4), C.R.S. <br />9. The Board finds that the $70,000.00 financial warranty amount recommended by the Division is <br />appropriate. <br />