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2017-02-01_PERMIT FILE - M2016009
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2017-02-01_PERMIT FILE - M2016009
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Last modified
2/2/2017 3:57:16 PM
Creation date
2/2/2017 3:37:49 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2016009
IBM Index Class Name
Permit File
Doc Date
2/1/2017
Doc Name
Request for Permit to be Revoked
From
Wendi Kern
To
DRMS
Email Name
ERR
WHE
Media Type
D
Archive
No
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3. During the review period, the Division generated three adequacy letters <br />between April 2016 and October 2016. The Applicant addressed all of the Division's <br />adequacy issues to the Division's satisfaction. <br />4. On October 21, 2016, the DIvision Issued and served on all parties both a <br />wdttm recommendation to approve the Application over objections and a written <br />rationale fear that recommendation. <br />5. On November 2, 2016, the Board, through a prehearing officer, conducted a <br />prehearing conference In Pueblo. The prehearing officer Issued a draft prehearing order. <br />Among other things, the draft prehearing order identified four categories of issues for the <br />parties to present to the Board foreansideration. At the hearing, the Board ronsidered the <br />draft prehearing order and invited amendments or adjustments to be proposed by the <br />parties. Mr. Shohetarally moved the Board to strike the Applicant's witness list as non- <br />compliant with Rule 2.6C2j(a); and .to substitute witness identified on the objectors' <br />witness list: The Board denied Mr. Shohet's motion to strike the Appllcanes witness list <br />and granted his request to substitute a witness. <br />6. The Application described a proposed construction materials (gravel) mining <br />operation and on-site processing of mined materials, including the use of portable cone <br />crushers, screeners, and conveyors. The permit boundary described in the Application <br />Included 1,517 acres on the Cascajo Gravel Terraces, with 465.9 acres disturbed. Mining Is <br />proposed to proceed through four phases; active mining Is limited to 25 acres along with <br />concamt reclamation. The proposed mining area is more than one thousand feet in <br />distance from the Bessemer ditch and at least fifty feet higher in elevation than the Bessemer <br />Ditch. The Application proposed to reclaim the affected land for rangeland The Division <br />calculated the financial warranty for the operation through Phase I and construction of the <br />North Haul Road and the Southwest Haul Road to be $672,0$3, Induding $269,979 for <br />revegetatlon. <br />7. At the hearing, Angela Bellantoni, Ph.D. of Environmental Alternatives, Inc. <br />["Dr. Bellantoni"), the Permitting Contact of the Appilmnt, testified on behalf of the <br />Applicant. Dr. Bellantoni described the proposed operation, mining plan, and reclamation <br />plan, including that the Applicant will leave undisturbed native berms around the mining <br />area Dr. Bellantonl testified that all structures to be used at the proposed miningsite will <br />be temporary structures only. Dr. Bellantoni stated that there will be no anthrax <br />contamination due to disruption of the soil. Dr. Bellantoni also stated that affected lands <br />will be blended with the surrounding topography during reclamation, and described the <br />proposed weed management plan. In response to -objectors' argument that the terrain of <br />the area makes reclamation difficult of Impossible, Dr. Bellantoni testified that the nearby <br />State Pit has been successfully reclaimed. Dr. Bellantoni stated that the owner of the <br />Applim� John Ary, has received the jackSpmer 1c)4matia># award and has been released <br />from the financial warranty on four projects. Dr. Bellantoni also testified that public notice <br />Fremont Paving & Redi-Mix. Inc <br />Pueblo County Aggregate Project/M.2016-oQ9 <br />
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