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~~ `~~~ --~ 7a : ~~ to ~ ~ S S ~ /KGCv l0~ 2r)O(g / ~ofy~cyj P~.lbftc ~'~trl~ pclSln~w~ton Steve Shuey representing the Division. The BENSON BROTHERS Red Shale Pit...File No. M-2005-071 is located approximately 3 miles northwest of Cedaredge, Colorado in Delta County, at an elevation of 6,450 feet. The application was filed with DMG on November 30, 2005 with an amendment to the application filed February 15, 2006. The public comment period for the initial application closed on January 10, 2006. The public comment period for the amendment to the application closed March 28, 2006. The decision date for the amended application is set for June 15, 2006. MINING PLAN The application proposes that 10 acres of the 29.5 acre permit area will be excavated by conventional mining. The decorative rock and gravel extraction operation proposes to maintain 6 acres or less of active affected area at any one time. A three acre processing area will remain in place for the life of the mine with a three acre benched excavation disturbance that progresses throughout the red shale deposit immediately followed by contemporaneous reclamation. On-site processing includes crushing and screening, The applicant estimates mining will be conducted over the next 20 years. RECLAMATION PLAN Reclamation of the affected area will occur concurrently with the mining operation. Excavated areas will be reclaimed as soon as practicable, keeping the active excavation to a maximum of 3 acres. Backfilling the benches to a maximum grade of 2:1 will be accomplished using a combination of cut and fill technique and backfilling with reject material and overburden. The site is currently pinyon-juniper, sagebrush rangeland. The affected area is to be reclaimed to a grass- shrub rangeland with approximately .6 acres remaining as permanent access road. PARTIES TO THE APPLICATION AND ISSUES DMG received seventeen timely comment and/or objection letters from 20 parties to the application. Eighteen of the parties attended the pre-hearing conference either in person or by proxy and retain party status. The comment letters identified twenty-five issues that DMG believed to be within the jurisdiction of DMG and the Board and eleven issues that are not within that jurisdiction. The pre-hearing conference was held on April 25, 2006 in Cedaredge, where ten of the jurisdictional issues were identified to be addressed at this hearing. STAFF RECOMMENDATION On April 20, 2006, the Division of Minerals and Geology (DMG) issued a recommendation for approval of the Benson Brothers Red Shale Pit application over objections. DMG believes the applicant has demonstrated compliance with the requirements of C.R.S. 34-32.5-115(4), and recommends that the Board approve the Benson Brothers Red Shale Pit application. The estimated cost of reclamation has been calculated to be $29,662.00. DMG recommends that the Financial Warranty be set at that amount.