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2017-05-25_REVISION - C1981041
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2017-05-25_REVISION - C1981041
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Last modified
11/1/2022 8:36:17 PM
Creation date
11/1/2022 8:17:31 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Revision
Doc Date
5/25/2017
Doc Name
MLRB Hearing Transcripts
Type & Sequence
TR69
Email Name
JDM
Media Type
D
Archive
No
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93 <br /> 1 MR. STARK: Okay. So C.R.S. 1 The postmining land use for the -- for <br /> 2 34-33-122(2) (a)(I) (sic) states that an operator should 2 TR-69 minimal 0.4-acre disturbance is also fish and <br /> 3 "adopt measures consistent with known technology in 3 wildlife habitat. The postmining land use in <br /> 4 order to prevent subsidence causing material damage to 4 Mr. Fontanari's adjacent gravel pit is also fish and <br /> 5 the extent technologically and economically feasible." 5 wildlife. So that general area is a fish and wildlife <br /> 6 Again, the same statute, (2)(A)(III) 6 habitat. <br /> 7 states, "Nothing in this section shall be construed to 7 So this is a horrible map. It's -- it's <br /> 8 prohibit or interpret" -- I'm sorry-- "interrupt 8 the entire premining land use map. I'll point out a <br /> 9 underground coal mines operations." 9 couple things. The kind of blue crosshatch there, <br /> 10 I'm going to use the dawn arrow here. 10 that's fish and wildlife habitat, and you can see the <br /> 11 Then if we go into the rules for surface 11 majority -- this is west of I-70. You can see the <br /> 12 coal mines and for coal mining, Rule 2.05.6(6)(a), 12 majority of the area is fish and wildlife habitat at <br /> 13 which is Mitigation of Fact of Mining Operations -- 13 the mine. The red crosshatch is commercial/industrial <br /> 14 that's the broader section -- states that "For 14 land use. <br /> 15 underground mining activities, the application shall 15 I'm going to go to a blowup of the area <br /> 16 include an inventory of all structures and renewable 16 in question. So this is -- here's (indicated) the <br /> 17 resource lands which exist within the proposed permit 17 Carey Pond. The Fontanari trench would be right about <br /> 18 and adjacent area." 18 here (indicated). So you can see, the disturbances <br /> 19 It further goes on to state, "If no such 19 Roadside has created out there, all fish and wildlife <br /> 20 structures or renewable resource lands exist, no 20 habitat with a little bit of industrial/camrcial at <br /> 21 further information need be provided in the 21 that area. <br /> 22 application." 22 That was the premine. Now we go to the <br /> 23 And, again, Rule 4.20.1(1) states that 23 postmine land use. Same thing. The large scale map <br /> 24 nothing in the rules shall be construed to prohibit the 24 just to kind of show the postmining land in the area, <br /> 25 standard method of room-and-pillar mining. 25 fish and wildlife, fish and wildlife with some — sane <br /> 266 268 <br /> 1 So where does all this lead us? There 1 sprinkled industrial/comercial. <br /> 2 are no regulated structures under the act and the rules 2 And then the blowup of that map again <br /> 3 on Tract 71. The rule and the act are very specific. 3 with -- you know, so you can see what we're talking <br /> 4 It's structures or renewable resources. 4 about. And this industrial/commercial here <br /> 5 The ditch Mr. Fontanari dug prior to the 5 (indicated), that's the Kokopelh fruit stand. It was <br /> 6 June 11, 2014, inspection is not a regulated structure 6 originally in the permit as fish and wildlife habitat. <br /> 7 under the act or the rules. Again, the Carey Pond is 7 They came back, applied for a permit revision, and <br /> 8 not a regulated structure the under act or the rules. 8 received approval to have that changed to <br /> 9 The ditch -- I mean, additionally, the 9 commercial/industrial. <br /> 10 ditch and the pond were constructed after mining had 10 So what we're talking about here is <br /> 11 happened there, so --with the --with the knowledge 11 we're talking about fish and wildlife habitat. Again, <br /> 12 that the area had been undermined. 112 this area is not cropland. <br /> 13 So we're going to talk a little bit 13 Rule 1.04.71(a) (sic) defines "cropland" <br /> 14 about the postmining land use in the area. Again, it 14 as "land used for the production of adapted crops for <br /> 15 was discussed that this area is going to be irrigated 15 harvest, alone or in rotation with grasses and legumes, <br /> 16 for some reason. Again, just a little rule -- a 16 and includes row crops, small grain crops, hay crops, <br /> 17 definition from the rules, 1.04.(71)(h), hotel, defines 17 nursery crops, orchard crops, and other similar <br /> 18 "'Fish and Wildlife Habitat' as land used wholly or 18 specialty crops." <br /> 19 partially in the production, protection or management 19 I mean, we heard testimony that in the <br /> 20 of species of fish or wildlife." 20 last 10 years there have been no crops planted in this <br /> 21 The approved postmining land use for the 21 area. There is nothing up there that is crop. The <br /> 22 surrounding lands disturbed by Snowcap are generally 22 area -- as we heard from Mr. Stover, the area is <br /> 23 fish and wildlife habitat, and I'll show you some maps, 23 predominantly cheatgrass and other annual weeds, and <br /> 24 and I'll explain the "generally" when we get to those 24 the .4 acres that they will be reclaiming will pretty <br /> 25 maps. 25 much be the only patch of native grass in the Tract 71 <br /> 267 269 <br />
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