1997-06-05_REVISION - M1981302 (9)

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Pit under Permit M-81-302 until November, 1996. The post-mining land uses approved by the MLRB were, and continue to be in the reclamation plan amendment request, agriculture and wildlife habitat. 4. 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. 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. 5. 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. 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 3, and the reduction of water surface from 41.5 acres to approximately 38 acres. 6. Prior to a MLRB decision on Flatiron's April 27, 1989 amendment request, Flatiron subleased the Deepe Farm Pit to Western Mobile. The sublease took effect on May 26, 1989. 7. On July 31, 1989, the MLRB approved the succession of operator from Flatiron to Western Mobile. Flatiron remained the owner of the Deepe Farm Pit, while Western Mobile operated the pit and assumed the reclamation obligations specified as a condition of Permit M-81- 302. 8. On November 15, 1989,the MLRB approved the April 27, 1989 Flatiron amendment request to increase the affected land by 22.7 acres. 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. 9. On February 21, 1991, Western Mobile filed a technical revision request (known as "TR-04") with the Division. The TR requested an adjustment in the amount of slurry material to be used in the reclamation of the Deepe Farm Pit and a neighboring pit called the Marshall Pit, which is subject to Permit M-89-041. The Marshall Pit is not the subject of these proceedings. 10. On March 22, 1991, the Division approved TR-04 and the reclamation plan map associated with TR-04. That approved map is the April 27, 1989 Deepe Pit Reclamation Plan map submitted with the April 27, 1989 permit amendment request filed by Flatiron, and approved by the MLRB after the succession of operator to Western Mobile. The Deepe Pit Reclamation Plan map approved with TR-04 includes the TR revisions dated "2/15/91." This reclamation plan map supersedes all other reclamation plan maps and is the reclamation plan map from which the current reclamation plan amendments are requested. 2