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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 CONNELL RESOURCES, THE TIMNATH CONNELL PIT SITE. <br />FILE NO. M-99-050, APPROVAL OF A 1 l2 PERMIT APPLICATION OVER OBJECTIONS <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on <br />September 22, 1999, for a hearing, the Board 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 27, 1999, Connell Resources ("Connell" or "the Operator") filed a 112 <br />Permit Application, File No. M-99-050, to conduct a surface sand and gravel mining operation in <br />Larimer County, Colorado, Sec. 3, T6N, R68W, 6th P.M. <br />2. Timely objections to the application were received by the Division of Minerals <br />and Geology ("Division"). As a result, the Division held an informal conference pursuant to <br />Construction Materials Rule L4.6(l)(b) on August 5, 1999. <br />3. The matter was scheduled for the September 22-23, 1999, Board hearings. <br />4. On August 31, 1999, the Division issued a recommendation to the Board to <br />approve the permit application with conditions. On September 7, 1999, the Division mailed its <br />approval recommendation rationale to the parties, addressing the objections and concerns raised <br />during the public comment period and informal conference phases. <br />5. On September 14, 1999, aPre-hearing Conference was held in Denver, Colorado, <br />to verify the list of parties and to narrow and distill the issues to be considered by the Board at <br />the final hearing. James B. Cooley presided as the Pre-hearing Conference Officer designated by <br />the Board. Connell and the sole objector, Louis Swift, both participated. As a result of the Pre- <br />heazing Conference, apre-hearing order was generated, listing the parties and outlining the <br />schedule and time allotments for presentations at the final hearing. <br />6. At the Pre-hearing Conference, Mr. Cooley recommended the following list of <br />issue for consideration at the final hearing: <br />• Quality and quantity of surface and ground water and flows thereof, and potential <br />damage to offsi[e resources. <br />This issue was listed in the pre-hearing order. <br />7. A[ [he Pre-hearing Conference, both parties submitted lists of possible witnesses <br />and/or exhibits for the Final Hearing. Those lists were attached to the pre-hearing order. <br />