2016-10-12_PERMIT FILE - M2016010

• Permit No: M2016010
• IBM Index Class Name: Permit File
• Doc Date: 10/12/2016
• Doc Name: Returned Mail
• From: USPS
• To: DRMS / DOnald Larrabee
• Email Name: AME
• Media Type: D
• Archive: No

Rationale for Recommendation to Approve 33
September 29, 2016
The Division has reviewed Exhibit L and determined it satisfied the requirements of Rule 6.4.12. Based
on the information provided in the application materials, the Division has calculated the cost of
reclamation for the operation through the development of mining phase three, to be in the amount of
$3,857,842.00.
33. Concerns that Exhibit C-2 map does not show all property owners in the vicinity (only a few
from Eagles Nest and former Bauers Ranch subdivisions are shown)
(N.Reed)
The Applicant submitted the required information on Figure C-2, which was revised in the adequacy
review response submitted on August 19, 2016. Figure C-2 shows a total of five adjoining surface owners
of record, including: United State Government, 2390 Paseo Corta Road LLC, RMBC Group LLC, State
of Colorado, and Dry Head Ranch LLC.
The Division determined that Figure C-2 satisfies the requirement of Rule 6.4.3(a) to show all adjoining
surface owners of record. Figure C-2 exceeds the requirement of this rule by also showing surface owners
of record that are not adjoining to the proposed affected land boundary.
34. Concern regarding the maximum number of each piece of equipment anticipated at peak
production for the mining operation
(N. Reed)
The Act and Rules do not specifically address the maximum number of equipment used by the mining
operation. The Applicant is not required to provide this information in the permit application in order for
the permit to be approved. Regardless, the application provides an equipment fleet list in Exhibit D.
35. Concerns regarding Exhibit E—Applicant describes current land uses to include wildlife habitat
and agricultural — but what about the residential properties to the north and west of the proposed
quarry? Actually, land to the west is thinly residential and mainly residential and there is military
training/aviation activity to the east; badly disturbed pasture exists on the site of the proposed access
road
(N.Reed,J.Enderson)
Pursuant to Rule 6.4.5(2)(b),the reclamation plan shall include a comparison of the proposed post-mining
land use to other land uses in the vicinity and to adopted state and local land use plans and programs.
In Exhibit E, the Applicant proposes a post-mining land use of wildlife habitat, and describes the
surrounding land uses as wildlife habitat (National Forest) and agricultural to the east. The reclamation
plan has been designed to encourage the diversity of wildlife species and to provide wildlife habitat.
The Division verified the primary present land use of the proposed affected land as wildlife habitat during
the site inspections conducted on April 12, 2016 and June 7, 2016, and from the aerial inspection
conducted on June 17, 2016. Although some residences are present to the north and west of the proposed
affected land, the areas are zoned as agricultural, and the primary land use appears to be wildlife habitat.
The Division determined that the permit application satisfied the requirements of Rule 6.4.5(2)(b).
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