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e ~ • BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE ANGLE PIT', LOUISIANA LAND AND GRAVEL COMPANY LLC, Fll-E NO. M-2000-049, APPROVAL OF A 112 CONSTRUCTION MATERIALS PERMIT APPLICATION THIS MATTER came before the Mined Land Reclamation Board on July 26, 2000 at Denver, Colorado for the hearing of an application for a permit to mine construction materials, pursuant to § 34-32.5-I 12, C.R.S. The applicant appeared and was represented by Jim Stover, consulting engineer. One objector, Beverly Smesrud-Stewart, appeared on her own behalf. The Division of Minerals and Geology (Division), through Steve Shuey, appeared in [he capacity of staff for the Boazd. The Board, having considered the application, the testimony and exhibits of the parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: FIND/NGS OF FACT AND CONCLUSIONS OF LAW 1. Louisiana Land And Gravel Company LLC (LLG) applied for a permit pursuant to § 34-32.5-I l2, C.R.S. on April 20, 2000. LLG proposes to operate a sand and gravel mine approximately I.5 miles southeast of Redvale, on portions of the SI/2, Section 10, T45N, R14W, Montrose County, Colorado. LLG has applied fora 160 acre permit area, 71.8 acres of which would be affected by the mining operation. 2. LLG proposes to mine the acreage in three phases, affecting no more than ten acres at a time. LLG proposes to reclaim concurrently with mining, reclaiming approximately 2 acres each year. 3. The Division received timely objections from two parties and comments from three interested persons. Ms. Stewart filed a timely objection on May 18, 2000, during the public comment period, and on June 16, 2000, following the June 13 informal conference. 4. 'The Division held an informal conference on June 13, 2000 to define and attempt to resolve issues. 5. The Division has determined that the application complies with all requirements, and recommended its approval without condition on July 7. 6. The Board's prehearing conference officer conducted a prehearing conference on July I8, during which the parties were identified as LLG, Beverly Smesrud-Stewart and Michelle Smesrud. The parties identified the following issues: a) Does the reclamation permit application demonstrate how operations will be conducted to minimize impacts to the hydrologic balance of the stream on Beverly Smesrud-Stewart's property? b) Does the reclamation permit application demonstrate how operations will be conducted to minimize impacts to the hydrologic balance of the two wells on Beverly Smesmd-S[ewan's property?