1997-06-13_REVISION - M1981302 (69)

Home Browse Search

III IIIIIIIIIIIIIIII 9 RECEIVED BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO I� v JUN 131997 File No. M-81-302 2 \ C11 Division of Minerals&Geoiogy BRIEF IN COMMENT ON NNE 9, 1997 PROPOSED PRE-HEARING CONFERENCE ORDER IN THE MATTER OF THE WESTERN MOBILE -DEEPE FARM PIT - RECLAMATION PLAN AMENDMENT REQUEST 02 Western Mobile, by and through its attorneys, Parcel, Mauro, Hultin & Spaanstra, P.C., submits this brief in comment on the June 9, 1997 Proposed Pre-Hearing Conference Order. All references to exhibits in this brief are listed and appended to Western Mobile's Amended Pre- Hearing Statement filed with this brief. Upon agreement of the parties at the June 5, 1997 Pre- Hearing Conference, copies of the exhibits cited herein are available at the Offices of the Division of Minerals and Geology ("Division") in Denver and the Boulder County Attorney's Office in Boulder. 1. STATEMENT OF FACTS 1. On February 25, 1980 Flatiron Sand&Gravel Company("Flatiron"),the original site operator, was notified by the Boulder County Planning Division of the Boulder County Planning Commission's approval of a special use permit to construct a berm and flood control channel along the western edge of the then proposed Deepe Farm Pit in unincorporated Boulder County. See Planning Commission Docket#AR-79-4 (Exhibit No. 3), a February 11, 1980 memorandum from the Planning Division to the Planning Commission, states that the purpose of these two features is to provide: (a)"100-year flood protection for possible extraction of sand and gravel reserves located west of the proposed project";and (b)"to control the flow of the 100-year flood and to minimize any impact to the flood discharge." The February 11, 1980 memorandum also states that the City Planning Department"is counting on the dike to provide drainage and flood control for a housing development on the Tantra site which is west of the subject property" (Exhibit No. 2). 2. The berm and the flood control channel pre-dated the Deepe Farm Pit and were included in the land affected by Permit M-81-302 issued by the Colorado Mined Land Reclamation Board ("Board") to Flatiron on April 22, 1982 (Exhibit No. 6). 3. On January 11, 1982, the Boulder County Board of County Commissioners ("Board of County Commissioners") approved a use by special review requested by Flatiron to mine and process sand and gravel on the first two stages of a six stage construction materials mining project located at the Deepe Farm Pit. See Boulder County Land Use Docket#SU-81-10 (Exhibit No. 5).