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• i <br />~_ <br />The pre-hearing order was mailed to the parties on September 14, 1999. <br />9. The Board held the Final Hearing in this matter on September 22, 1999, in <br />Denver, Colorado. The Division attended as staff to the Board. <br />10. At the Final Hearing, the Board's attorney presented the pre-hearins order to the <br />Board on behalf of Mr. Cooley, who was unable to attend the hearing. After considering the pre- <br />hearing order, and hearing no objections, the Board adopted the pre-hearing order as submitted. <br />1 1. The Division presented its recommendation for approval with four stipulations. <br />11. The objector party, Mr. Swift, was present at [he final hearing. At the hearing, <br />Mr. Swift presented his concerns that the operation, by dewatering the pit area and lining the <br />resulting pond with a clay liner, would adversely affect water levels in his fish ponds lying on his <br />property directly adjacent [o the south of the proposed affected area. Mr. Swift and Connell <br />stated that some progress had been made prior to the hearing to reach an agreement on design <br />and maintenance of the pit area so as to prevent adverse affects on the water levels in Mr. Swift's <br />ponds. <br />12. In consideration of the presentations made at the hearing, the Board finds that <br />Connell's operation may cause adverse affects to the water level in Mr. Swift's ponds, and [hat <br />more precautions than exist in the application as presented are warranted. <br />13. During the public comment period at the Final Hearing, the Board considered a <br />letter from Don Kehn indicating Mr. Kehn's belief that he is a landowner within 200 feet of <br />proposed affected land and that he had not received proper notice of Connell's application. Mr. <br />Kehn did not attend the hearing, and the Division presented evidence that Mr. Kehn's property is <br />not within 200 feet of the proposed affected land. Based on the evidence in the record, the Board <br />finds that Mr. Kehn is not a landowner within 200 feet of proposed affected land, and therefore <br />that Mr. Kehn may not be a party to this action. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board hereby APPROVES <br />Connell's 1 12 permit application with the following conditions: <br />1. The Applicant must keep excavations at least two feet above the maximum <br />groundwater elevation until a Substitute Water Supply Plan is approved by the Office of the <br />State Engineer and proof of this approval is submitted to the Division. <br />2. If the depth of excavation exceeds 16 feet, and excavation is within 200 Fee[ of <br />any significant, valuable, and permanent man-made structures not owned by the Operator, the <br />amount of required mining setback to the structure or right-of-way will be increased as necessary <br />to be two-times the depth of the excavation. <br />