2005-01-28_REVISION - M1999120 (2)

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~n4 - I ~/ Revised Rationale for Recommendation for Approval over Objections; Regular 112 Construction Materials Amendment Application, L. G. Everist, Inc. ~ Fort Lupton Sand and Gravel, File No. M-1999-120 January 28, 2005 ,~ Introduction On January 26, 2004 the Division of Minerals and Geology ("Division") issued its recommendation for approval of a 112 Construction Materials Amendment Application, over objections. This document is intended to provide a basis for the Division's recommended approval over concerns and reasons for objection to the Fort Lupton S & G amendment application, File No. M-1999-120 The L.G Everist, Inc. amendment application was found complete and considered filed with the Division on October 12, 2004. The site is located 2 miles northwest of Fort Lupton, Weld County, Colorado. The property is located in Section 30, Township 2 North, Range 66 West of the Sixth Principal Meridian. The current permit azea is 85 acres in size, 78 acres of which is being mined. The amendment proposes to add 212 acres to the permit azea consisting of 5 additional mining phases to the mine plan. The total site will consist of 7 separate pits. The active pit will be dewatered during the mining process. The proposed post-mined land use for the site is for seven water storage reservoirs; each newly proposed reservoir will be surrounded by a separate sluny wall. Reclamation at the site includes some grading of the disturbed acreage, plus topsoil replacement and seeding and planting of the exposed edges of the pit. I. OBJECTIONS: The Division received one objection from the following individual during the initial public comment period, which ended on December 1, 2004. Obiector / Dated Date Received Ross Bachofer '/ 29-October-04 1-November-04 11566 WCR 18 Fort Lupton, CO 80621 A pre-heazing conference was scheduled for January 28, 2005 at 10:00 AM at 1313 Sherman St., Denver, CO 80203, Conference Rm. 318 II. ISSUES RAISED BY OBJECTING PARTIES: Issues raised by objecting parties during the comment period aze listed below, along with the names ofthe objectors. The Division's response to objection issues follows. Issues aze listed under the section of the ~, ~ ~~1~