1997-06-05_REVISION - M1981302 (9)

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11. On or about November 4, 1996, the Regents of the University of Colorado ("Regents") purchased the Deepe Farm Pit from Flatiron. Prior to the close of the transaction, Western Mobile executed a"Sublease Estoppel Certificate" with the Regents. This document not only assigns the May 26, 1989 Flatirons-Westem Mobile sublease of the Deepe Farm Pit to the Regents, it obligates Western Mobile to seek the reclamation plan amendment that is the subject of these proceedings. The Sublease Estoppel Agreement took effect on October 25, 1996. 12. On February 21, 1997, Western Mobile filed a request to amend the approved Deepe Farm Pit reclamation plan. Western Mobile is obligated by the landowner to pursue the following changes to the approved plan: (a) the excavation of a shallow drainage channel that will be connected to a similar such channel on the adjacent Turnpike Pit located at the north end of the Deepe Farm Pit; (b)an extension to the south and west of the previously approved drainage channel; and (c) a reduction in the number of pit lakes from five to two. The reduction in pit lakes proposed is as follows: (a) Pond 1 (2.3 acres) remains unchanged; (b) Pond 2 would be reduced in size from 6.9 acres to 1.9 acres due to final pit floor elevations incompatible with the approved reclamation plan; (c) Pond 3 (15.5 acres) would not be constructed due to final pit floor elevations incompatible with the approved reclamation plan; and (d) Pond 4 ( 7 acres) and Pond 5 (6.5 acres) would not be constructed so as to reduce the evaporative loss of water resources that would otherwise occur. The conservation of water resources that would otherwise evaporate is a primary beneficial feature of the requested decease in the number of pit lakes. 14. On April 30, 1997, the Division requested that Western Mobile provide additional information regarding the reclamation plan amendment request. The additional information related to the topsoiling of areas previously planned as pit lakes, reclamation cost estimates, and the final grades associated with the amended reclamation plan. Western Mobile supplied its response to the Division's April 30, 1997 request by letter dated May 14, 1997. II. STATEMENT OF ISSUES - PRE-HEARING ORDER REQUEST Parties opposed to Western Mobile's February 21, 1997 request to amend to the existing approved reclamation plan for the Deepe Farm Pit have raised issues that fall into the following three general categories: (1) the proposed amendment digresses from previous reclamation plans, reclamation objectives, and post mining land uses of agriculture and wildlife habitat; (2) the proposed amendment may alter the prevailing hydrologic balance; and (3) the proposed amendment may adversely affect floodplain safety and planning. Certain opposing parties also have suggested that the third category of issues implicate an April 30, 1997 Technical Revision request filed by Western Mobile pertaining to final elevations of certain portions of a flood control berm located within the permit boundary and siting on unmined ground. These parties have stated that the MLRB should be required to consider the TR request at the same time as the reclamation plan amendment request at the June 25 formal hearing, or not consider the reclamation amendment at all. While Western Mobile will vigorously contest the issues raised by the opposing parties relative to the reclamation plan amendment request,which is limited to grading and drainage issues on the pit floor, the company herein requests that the pre-hearing order in this case limit the scope of the June 25 3