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2019-11-20_ENFORCEMENT - M2001038
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2019-11-20_ENFORCEMENT - M2001038
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Last modified
12/27/2024 3:31:13 PM
Creation date
12/9/2019 8:40:38 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001038
IBM Index Class Name
Enforcement
Doc Date
11/20/2019
Doc Name
Board (MLRB) Order
From
DRMS
To
Albert Frei & Sons
Email Name
JLE
Media Type
D
Archive
No
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Colorado, the Colorado Division of Water <br /> Resources, the Arne Corps of Engineers <br /> and Colorado Parks and Wildlife. ' <br /> . The public comment period closed on May y 30, 2019. olloing the <br /> close of public comment, the Division ' <br /> received one untimely letter of objection as <br /> well as a corn ant letter from Adams County. <br /> 5, During the review period, the Division <br /> generated tree ad ay <br /> review letters. The Applicant addressed all of . , <br /> the �.v.� � aduacy issues to the <br /> Division's satisfaction. <br /> 6. On duly 26, 2019, lased on the aPplicable requirements' • <br /> me nts of the Colorado <br /> Land Reclamation Act for the Extraction of Co <br /> nstruction Materials, Article ticle 32.5 o <br /> Title , C.R.S, "A.ct" and the yules the . .yy��M, , Division issued and served on all parties <br /> both writtenrecommendation approval ofthe AmendmentAmendmentApplication over <br /> objection and a written • <br /> rationale for that recommendation. <br /> 7. On August 5, 2019, the Board, through g a prehearing officer, conducted <br /> a prehearing conference In Bennett, Colorado. i �' <br /> The p�a he �Ong officer issued a draft <br /> prehearing order. Among other things, � #` . � • <br /> aft �rehea��n order identified five <br /> issuesfor the parties t1./present the Board for # ' <br /> consideration, the mining <br /> geotechnical stability, the reclamation plan, hydrology, plan, <br /> p logy, and 'ildhf , t the <br /> hearing, the hoard considered the draft r �' <br /> laa�� order and invited amendment <br /> or adjustments to be proposed by the parties.p he hoard adopted the draft <br /> preheafing order as presented. <br /> s. At the hearing, Applicant presented evidence through testimonyden <br /> Frei and Steve ran regarding <br /> g g the issues identified the prehearin order. <br /> 9. Objectors presented evidence through testimony ron by victoria Katchen, <br /> Jennifer Curtis, Kelsey Magnuson, EIva Munos, and Nancy Donaldson regarding the <br /> issues identified in the prehearing order. <br /> 10. Applicant presented testimony that its mining plan calls for the use of <br /> traditional sand and gravel miningmethods and . . <br /> that no plo Ives will be utilized <br /> at the site. Regarding geotechnical issuesApplicant testified that it had obtained <br /> agreements with most adjacent landowners, but beca-us it was unable to obtain one <br /> agreement, it had conducted a geotechnical stud that demonstrated monst rated that its <br /> proposed 3 1 slope was stable and compatible with the - . <br /> p post-mining use of <br /> rangeland. <br /> 11. Regarding its reclamation plan, Applicant presented ented testimony that its <br /> plan had been submitted with the application and had not changed since the permit <br /> was originally issued in 2001. The site will still be reclaimed for a post-mining use <br /> of rangeland. <br /> Albers Frei & Sons, Inc. <br /> AS-Bennet Pith-2001-038 <br />
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