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2024-08-05_REVISION - M1986123 (4)
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2024-08-05_REVISION - M1986123 (4)
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Last modified
1/16/2025 6:59:13 AM
Creation date
8/5/2024 2:26:45 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1986123
IBM Index Class Name
Revision
Doc Date
8/5/2024
Doc Name
Objection
From
Witwer,Oldenbug,Barry & Groom, LLP
To
DRMS
Type & Sequence
AM1
Email Name
JPL
JLE
Media Type
D
Archive
No
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3 <br /> apparent topsoil was inconsistent with their reclamation plan and thus needed to be either <br /> removed or spread out, incorporated into the soil, and revegetated consistent with the <br /> reclamation plan. Yet Coulsons never complied, and instead they added six more dump truck <br /> loads in the same area. They appear to be allowing Kirtright to use this topsoil in connection <br /> with his plans to build a house for which he has no permit. The County has never approved the <br /> building of this new home, and recently Larimer County Engineering reiterated this fact to the <br /> builder who contacted them about proceeding with the construction. <br /> ISSUES WITH CURRENT RECLAMATION PLAN (Not Recognized by DRMS in Incomplete <br /> Notices) <br /> Current Bond Amount is Inadequate <br /> It is clear that the current bond for finishing the Kirtright Pit is far below what it needs to <br /> be. Even the estimate in the May 6th document by Coulsons shows over $81,000 to <br /> execute the current plan. That is significantly greater than the current bond. It is not at <br /> all clear at this point that Coulsons will ever be able to mine the Stroh Pit as they <br /> apparently plan to do. If the Stroh Pit doesn't happen, they will need to move dirt from <br /> Coulson land somewhere else. And if the Reclamation Plan takes longer than expected, <br /> Coulsons could try to walk away from the Kirtright Pit as Kenny Coulson had threatened <br /> to do already with at least two other outsiders. And what if Coulsons abandon their <br /> Coulson Ex business due to financial reasons? <br /> Stroh Pit Mining Plan Has No Agreement with O'Briens <br /> It has recently come to my attention that Coulsons' current plans to mine the Stroh pit <br /> rely upon a false assumption that they can use my property to do so. A map attached to <br /> the Coulsons' latest response to DRMS's Incompleteness Notice shows a conveyor from <br /> the Stroh pit on O'Brien land and a "Pit Run Stockpile from Stroh Pit for Loadout" on <br /> O'Brien land. I do not believe Coulsons have any right to do what they are telling DRMS <br /> that they are going to do. The O'Briens have never approved or signed any contracts <br /> giving Coulsons the right to install conveyor equipment across O'Brien property or use <br /> O'Brien property to store and truck materials from the Kirtright Pit. We also are not in <br /> favor of fuel tanks being placed within the flood plain or of significantly increased truck <br /> traffic on our property. <br />
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