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16. The Applicant will follow a phased mine plan with contemporaneous <br />reclamation: the Applicant will affect only twenty acres within the permit boundary <br />at any given time and intends to reclaim each twenty -acre portion following <br />completion in the affected area. The Applicant also commits to maintain slopes no <br />steeper than 3H:1V and to replace subsoil and topsoil to a one foot depth each. <br />17. The Applicant intends to maintain a berm along the edge of the mesa <br />along the permit boundary to minimize the visual impacts of the operation. <br />18. The Applicant will establish a permanent mitigation berm between <br />County Road T and the new access road. The mitigation berm will be approximately <br />2,240 feet long and six feet high, with side slopes of 311: 1V. <br />19. On July 19, 2013, the Division issued its recommendation to approve <br />the Application (as amended) over objections. <br />CONCLUSIONS OF LAW <br />20. The Board has jurisdiction over the Applicant and this matter <br />pursuant to the Act. <br />21. Under the Act, the Division and the Board shall grant a permit to an <br />applicant who complies with section 34 -32- 115(4), C.R.S. The Application, as <br />amended, complies with section 34 -32- 115(4), C.R.S. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />AFFIRMS the recommendation of the Division to approve the Application (as <br />amended)over objections, subject to the stipulation that the Applicant shall include <br />appropriate sagebrush seed with the reclamation seed mix for revegetation. <br />DONE AND ORDERED this 3t day of 2013. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Thomas E. Brubaker, Chair <br />Rocky Mountain Aggregate & Construction, LLC <br />Unnmm"olhrvro Pi+ /TV4_9(11 `2_n07 <br />