2024-08-05_REVISION - M1986123 (4)

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WITWER, OLDENBURG, BARRY & GROOM, LLP Page 2 Larimer County Use by Special Review("USR")allow Coulson to import these Stroh Pit materials as proposed in the currently-pending Plan. A brief summary of how this situation developed is illustrative of Coulson's history of pursuing one set of plans with DRMS and an inconsistent set of plans with Larimer County.DRMS records show that in 2003, Coulson obtained a DRMS Permit to operate the Stroh Pit. Both Coulson's original application, and the Stroh Pit Permit require mining procedures and processing on-site. However,before legally proceeding with operations, Coulson needed a USR from Larimer County. This USR application, however, generated a great deal of opposition from neighboring homeowners. In 2017, in an apparent attempt to convince the Larimer County Commissioners to approve of its highly-contentious USR, Coulson proposed to lessen the impact upon neighboring homeowners by utilizing a conveyor belt system to process materials on the Kirtright Pit.2 This plan was successful,and in 2018,the County Commissioners voted 2-1 in favor of this conveyor belt plan and approved the USR.See Ex.D,USR Findings and Resolution,Recorded March 21,2018;Ex.E, USR Site Plan.However,years of litigation and appeals quickly followed and did not conclude until July, 2023, with the courts ultimately upholding the original conveyor-belt-system USR that the County Commissioners had approved in 2018.But in the meantime,Coulson never obtained DRMS approval for its conveyor-belt plans by amending either its Kirtright Pit Permit or its Stoh Pit Permit. Instead, in connection with its annual reports for the Stroh Pit, Coulson has simply continued to submit its original Permit map as if its mining plans have never changed. See, e.g., DRMS Files, Permit No. M-2002-078, Annual Report Maps filed Jan. 30, 2024 & Jan. 25, 2006. These annual- report maps continue to indicate an on-site asphalt plant,crusher site,and liquid asphalt storage,but give no indication of any conveyor belt system or off-site processing. DRMS records show that its staff has repeatedly warned Coulson that any Stroh Pit operations must be in accordance with its original Stroh Pit Permit,but Coulson has never sought DRMS approval of the conveyor belt system that is clearly required by—and integral to—its USR.And given the extreme opposition faced at the County level, it is far from certain that Coulson would be able to obtain an amendment to its USR that would allow it to legally carry out anything close to the mining plans that DRMS approved for the Stroh Pit (at Coulson's request). As a result, DRMS cannot approve of Coulson's currently-pending Plan because Coulson simply does not have the right to legally carry out this Plan. Instead,the Plan should be revised so that it is not dependent in any way upon activities at the Stroh Pit. Coulson has many other operations nearby and has the resources to obtain the needed materials elsewhere. 2 In connection therewith, Coulson's attorney claimed, incorrectly, that"Coulson also leases property directly west of the [Stroh] Property, described as the `Kirtright Pit."' Ex. C, Aug. 2, 2017 Foster Letter re: USR.