2004-12-08_REVISION - M1987049 - Laserfiche WebLink

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BEFORE THE COLORADO MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES APPEAL OF OFFICE DECISION TO DENY REQUEST FOR ACREAGE REDUCTION IN THE MATTER OF PERMIT M-1987-049, AR-002 READY MIXED CONCRETE COMPANY Under authority set forth in Paragraphs 1.9.2 and 1.4.11 of the Construction Materials Rules, Ready Mixed Concrete Company ("RMCC"), by and through its counsel, Carver Kirchhoff Schwarz McNab & Bailey, LLC, is filing this appeal of a decision by the Colorado Division of Minerals and Geology ("DMG" or "Office") to deny a request by RMCC to reduce the acreage subject to Permit No. M-1987-049. By letter to the Office dated December 6, 2004, RMCC requested that the 392.5 acre area covered by Permit No. M-1987-049 for its Bromley Lakes operations be reduced by 220 acres, thus leaving 172.5 acres to comprise the new permit acreage. The Bromley Lakes property is owned by the City of Brighton ("City"). RMCC owns, and is in the process of mining, the sand and gravel from the property. RMCC made the request for acreage reduction, and the City has endorsed and supports it, because: (a) mining and reclamation in the area of the site known as "Cell 1" is substantially complete; (b) the City wishes to construct a water storage project in Cell 1, which requires the installation of a slurry wall that is not contemplated in the approved reclamation plan; (c) certain reclamation activities required by the approved reclamation plan will be immediately disturbed by the City's installation of the slurry wall (thus requiring that work, if completed, be re-completed); and (d) certain reclamation structures required by the reclamation plan could be rendered potentially obsolete by the City's post-mining water storage land use. DMG representatives inspected Cell 1 on Tuesday, December 7, 2004 and subsequently denied the request by letter to RMCC of the same date. The request was denied because certain discrete reclamation elements had not been completed; however, these very elements are those that would either be disturbed by the City or that may not be needed at all. If the denial is left standing, RMCC will be forced into wasteful expenditures and operational activities, and the City will be precluded from developing its water storage facility in an efficient and timely manner and further denied the possibility of bringing its water storage facility on-line during the Spring of 2005. The Board should overturn the Office's decision and grant the acreage reduction RMCC is seeking and that the City endorses. By allowing the reduction, the Board will be acting in conformance with the City's wishes and in a manner that will help ensure