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<br />M11LR Board Order-Cuuisinna Lend and Grm•el <br />July 2000-File No. M-?000-Od9 <br />Page 3 <br />•.. ... - <br />displacement. It plans to maintain 200-foot buffer zones between the operation and eagle roosting <br />areas, as well as [he local public road, Redvale Road. It plans to reclaim using irrigation to <br />encourage fast revegetation. The Board finds these measures sufficient to protect wildlife, pursuant <br />to Board Construction Materials Rule 3.1.8. <br />I5. Ms. Stewart has raised relevant issues. However, she has presented insufficient evidence that LLG's <br />plan does not adequa[ely address her concerns. <br />16. The Board finds thaC LLG has proposed sufficient measures to minimize any disturbance [o the <br />prevailing hydrologic balance of both surface and groundwater systems, pursuant to § 34-32.5- <br />116(4)(h), C.R.S and Boazd Construction Materials Rule 3.1.6 and 7. The Board finds tha[ LLG has <br />also proposed sufficient measures to avoid contaminating surface and groundwater with petroleum <br />products and other likely sources of water pollution, pursuant to § 34-32.5-116(4)(c) and (d), C.R.S, <br />and Rule 3.1.6 and 7. The Boazd further finds that there was insufficient evidence of any Army <br />Corps of Engineers designated wetland in or near the proposed permit area. The Boazd finds that <br />LLG's plan to avoid affecting any azeas in which there is evidence of a possible wetland is sufficient <br />to avoid damaging the elements of a wetland that deserve protection, such as surface and <br />groundwater, wildlife and wetland vegetation. <br />17. The Board concludes that LLG has satisfied its burden of proof that the application complies with <br />§ 34-32.5-112, C.R.S. The evidence submitted by Mr. Stover, as an engineer, and Mr. Shuey, as a. <br />natural resource specialist, is the most credible, and supports the Division's decision to approve the <br />application. <br />l8. Therefore, the weight of the evidence supports the conclusion that the application complies with <br />Section I12 and should be granted. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board orders that: <br />A) the prehearing order is approved; <br />B) the 112 permit application, File No. M-2000-049, submitted by Louisiana Land and Gravel <br />Company, LLC. is hereby approved; and <br />C) the Financial Warranty for this permit is set at $40, 539.00. <br />~1. <br />DATED this ~ ~ day of ti , 2000. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Michael B. Lon hector <br />Division of Minerals and eo ogy <br />