PERMFILE106564

• Permit No: M2005061
• IBM Index Class Name: Permit File
• Media Type: D
• Archive: No

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STAFF PRESENTATION
During the application review process, DMG considered the issues raised by objecting parties and
commenting agencies, as well as the applicant's responses to those comments.
DMG's recommendation for approval and the "Rationale for Approval Recommendation Over
Objections" was mailed to all parties on April 20, 2006. The Rationale explains the process by
which DMG determined this application complies with the requirements of the Colorado Land
Reclamation Act for the Extraction of Construction Materials, and the Construction Materials Rules
and Regulations.
During the pre-hearing conference, parties, with the help of the pre-hearing conference officer,
identified ten of the jurisdictional issues to be addressed at this formal public hearing. These
issues have been consolidated into five categories based on the applicable Rule under which the
issue falls.
ISSUES TO BE CONSIDERED are
Is the information submitted with the application accurate and complete for the
following items as required by Rule 1.4.1(3):
First Item -the pre-mining land use and site description;
and second -the plat map?
Rationale Issue #4 includes comments regarding a false and misleading land use
description for the surrounding area, indicating if is not a mining or industrial area, but a
residential area.
Rule 1.4.1(3) requires application information to be accurate and complete. In addition, Rule
6.4.5 (2)(b) requires that an application include a comparison of the proposed post-mining land
use to other land uses in the vicinity and to adopted state and local land use plans and programs.
The rangeland post-mining land use is compatible with adjacent rangeland, reclaimed mine sites,
ranches, agricultural, and rural residential land use. Though the area is increasing in residential
properties, it is primarily forest and rangeland with same pastureland, orchards and small ranches.
It is also a historic mining area and is adjacent to an active shale mine, as is accurately stated in
the application.
The Act and Rules do not address compatibility of a mining operation to surrounding land uses,
but leaves that to local government that in this case currently has no zoning.
The applicant also added additional residential density information to the permit in their response
to the preliminary adequacy review. Therefore, DMG believes the application is accurate and
complete in it's description of the surrounding area.
Rationale Issue #6 includes comments regarding a false and misleading current site
description-indicating rangeland rather than old growth pinyon juniper forest.