1997-06-13_REVISION - M1981302 (69)

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4. The project approved by the Board of County Commissioners consisted of 168.5 acres of land, the scope of which was reflected on maps entitled "Alternate Excavation Plan Map" and "Reclamation Plan Map." These maps were submitted by Flatiron to the Division with the original mining permit application on December 24, 1981. The "Reclamation Plan Map" contemplated, among other things, the installation of three (3) pit lakes and 41.5 acres of water surface. The "Reclamation Plan Map"depicts the berm and channel as within the permit boundary. 5. On April 22, 1982 the Board issued Flatiron Permit M-81-302 to mine sand and gravel from the Deepe Farm Pit and to reclaim the site (Exhibit No. 6). The processing plant commenced operation in August, 1984. Mining and processing of sand and gravel continued at the Deepe Farm Pit under Permit M-81-302 until November, 1996. The post-mining land uses approved by the Board in 1982 were agriculture and wildlife habitat. No subsequent change in post-mining land use has been proposed or approved. 6. On January 12, 1989,the Board of County Commissioners approved the"Deepe Farm Pit Continuation"as conditionally approved by the Board on January 11, 1982. See Boulder County Land Use Docket #SU-88-14 (Exhibit No. 9). The special use approval authorized the remaining stages of the mine project and referenced as the approved site plan map for this purpose a document labeled"Deepe Pit Excavation Plan with Sales and Weight Facility Added 10/26/88." The approved site plan added 26.2 acres to the project and increased the total affected land from 168.5 acres to 194.7 acres. 7. On April 27, 1989, Flatiron submitted to the Division a request to amend Permit M- 301-82 to account for the increase in affected land approved by Boulder County and to revise the reclamation plan (Exhibit No. 10). The revised reclamation plan map was entitled "Deepe Pit Reclamation Plan," dated April 27, 1989. The Deepe Pit Reclamation Plan map depicted the installation of five (5) pit lakes instead of three (3), and the reduction of water surface from 41.5 acres to 38.1 acres. 8. Prior to the Board's decision on Flatiron's April 27, 1989 amendment request, Flatiron subleased the Deepe Farm Pit to Westem Mobile. The sublease took effect on May 26, 1989. 9. On July 31, 1989, the Board approved the succession of operator from Flatiron to Western Mobile (Exhibit No. 11). At that point, Western Mobile operated the pit and assumed the reclamation obligations specified as a condition of Permit M-81-302. 10. On November 15, 1989,the MLRB approved the April 27, 1989 Flatiron amendment request to increase the affected land by 26.2 acres(Exhibit No. 12). The Board's approval also made the April 27, 1989 Deepe Pit Reclamation Plan map effective for purposes of defining the reclamation obligation at the Deepe Farm Pit. 2