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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE 112c PERMIT APPLICATION OF ROCKY MOUNTAIN <br />AGGREGATE & CONSTRUCTION, LLC, File No.M- 2013 -007 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on August 14, 2013 for a hearing to consider the application of Rocky Mountain <br />Aggregate & Construction, LLC ( "Applicant ") for a 112c reclamation permit <br />application, file number M- 2013 -007. <br />Wally Erickson and Assistant Attorney General Julie M. Murphy appeared <br />on behalf of the Division of Reclamation, Mining and Safety ( "Division "). Zane <br />Luttrell and Greg Lewicki appeared on behalf of the Applicant. Objecting and <br />supporting parties participated in the Board hearing and were previously <br />identified in the approved Prehearing Order. Specifically, supporters Al and Vicki <br />Becker participated by telephone, as approved in a Board order effective August 6, <br />2013. Objectors Barbara Bernhardt, Mary Scuderi, Leigh Robertson, Kathleen <br />Stigall, and Sharon Rasmussen participated by telephone, as approved in the <br />August 6, 2013 Board order. Objectors Stan and Kathy Borinski, Rodger and Gail <br />Noble, Dennis Schultz, and Janice Wheeler participated in person. Each objector <br />and supporter appeared on his or her own behalf. <br />The Board, having considered the parties' presentations and testimony, <br />and being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. On February 26, 2013, the Applicant filed an application with the <br />Division for a 112c permit for a site known as the Uncompahgre Pit in Montrose <br />County, Colorado ( "Application "). Located in section 27, Township 47 North, Range <br />9 West, 10th P.M. on Moonlight Mesa, the Uncompahgre Pit is a proposed sand and <br />gravel mine and on -site processing operation. <br />2. The Application describes a construction materials mining operation and <br />on -site processing of mined materials, including crushing, screening, washing, and <br />production of concrete and asphalt products. The permit boundary described in the <br />Application includes two non - contiguous areas, a 244.07 -acre area for extraction and <br />processing and another 3.67 -acre area for an office and shop. The total permit area <br />under the Application is 247.76 acres. The Application proposes to reclaim the affected <br />lands for rangeland, wildlife habitat, and industrial/commercial post- mining use. <br />