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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF CAMMILLETTI & SONS, INC, THE MILNER PIT #2 SITE, FILE NO. <br />M-2001-023, CONSIDERATION OF A 112 CONSTRUCTION MATERIALS PERMIT APPLICATION <br />OVER OBJECTIONS <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on July 25, 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 March 30, 2001, Cammilletti & Sons, Inc. ("Applicant"), filed an application with the Division for a <br />45 acre gravel pit operation in Routt County, Colorado, Sec. 15, T6N, R86W, 6`h P.M. The application <br />file number is M-2001-023. <br />2. The Applicant complied with all the notice procedures required in the reclamation statutes and <br />regulations. <br />3. Two objectors filed objections to the proposed operation during the public comment and informal <br />conference phases of application review. The Division scheduled the permit application for a hearing <br />before the Board pursuant [o § 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, 2001. At the Pre-hearing Conference, the <br />Board's Pre-hearing Officer set forth the list of objector issues to 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 [o 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-heazing <br />Order is incorporated by reference herein. <br />The issues raised by the objectors and presented to the Board in the Pre-hearing Order were as follows: <br />a. Is the application complete and accurate with respect to groundwater depletion on riparian <br />communities, floodway locations, floodplain mapping, bald and golden eagle nesting sites and <br />pit dewatering? <br />Will the operation minimize disturbances to the hydrologic balance specifically with regards to <br />possible dewatering effects on riparian habitat, including adjacent cottonwood trees? <br />