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to mining. The Division has reviewed and approved the Applicant's plan to identify and <br />mitigate impacts to in-use water wells negatively affected by the Applicant's mining <br />operations. Furthermore, the Applicant must comply with Colorado water laws, <br />including the rules and regulations of the State Engineer's Office, with respect to <br />negative impacts to Marilyn Kent's water rights concerning her well. <br />24. The weight of the evidence indicates that the the Applicant has complied with the <br />minimum requirements of Construction Materials Rules 3.1.6(1) with respect to Marilyn <br />Kent's well. <br />Issue 6: Inert Fill from Outside the Permit Area <br />25. Construction Materials Rule 3.1.5(9) requires an operator to notify the Division prior to <br />importing inert structural backfill generated from outside the permit boundaries and not <br />identified in an approved reclamation plan. <br />26. The Applicant has acknowledged Construction Materials Rule 3.1.5(9) and has agreed <br />that it will submit to the Division a notarized letter indicating that any such materials <br />imported from outside the permit boundaries are inert. <br />27. The weight of the evidence indicates that the the Applicant has complied or will comply <br />with the minimum requirements of Construction Materials Rules 3.1.5(9). <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />approves the Section 112 Construction Materials Application of Aggregate Industries - WCR, <br />Inc., file number M-2004-044, subject to the following conditions: <br />