PERMFILE139282

• Permit No: M2005071
• IBM Index Class Name: Permit File
• Doc Date: 4/20/2006
• Doc Name: Rational for Recomendation for Approval Over Objections
• From: DMG sss
• To: File
• Media Type: D
• Archive: No

Rationale for Recommendation for Approval Over Objections;
Regular 112 Construction Materials New Application,
Benson Brothers{
Benson Brothers Red Shale Pit;'~ile No. M-2005-071 ''~
Apri120, 2006 ~/
Introduction
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. This document is intended to explain
the process by which DMG determined this application complies with the requirements of the Colorado
Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 to 125, C.R.S. (Act)
and the Construction Materials Rules and Regulations of the Colorado Mined Land Reclamation Board,
effective October 1995 and amended Apri12005 (Rules).
The 112c application for the Benson Brothers Red Shale Pit was filed with DMG on November 30, 2005
with an amendment to the application filed February 15, 2006. The application proposes a dry, surface
red shale extraction and processing operation mined as one large phase. The operation will not expose
groundwater and will not store any hazardous materials on site. The permit proposes limiting active
disturbance to 6 total acres though the practice of contemporaneous reclamation. The site is located in
pinyon, juniper, sagebrush rangeland on the south side of the Grand Mesa, approximately 3 miles
northwest of Cedaredge, Colorado. The application indicates that the proposed 29.5 acre affected area
will be reclaimed to rangeland with the exception of the permanent access road. DMG has calculated
that the total cost of reclamation for a maximum 6 acres disturbed at any one time is $29,662.00.
Mining is proposed to be conducted over the next 20 years.
I. OBJECTIONS:
The public comment period for the Benson Brothers Red Shale Pit permit application closed on January
10, 2006. An amendment to the application was filed February 15, 2006 with that public comment
period closing March 28, 2006. The decision date for the amended application is set for June 15, 2006.
DMG received seventeen timely comments and/or objections from the following:
1. Objection from Francis P. Lazear, dated 11/27/05, DMG received 12/8/05.
2. Objection from Janet Croissant, dated 12/22/05, DMG received 12/27/05.
3. Objection from Gregory D. Lazear, dated 12/24/05, DMG received 12/28/05, second objection letter
dated 1/5/06, DMG received 1/6/06.
4. Objection from Louan Lundberg, dated 12/26/05, DMG received 12/30/05.
5. Objection from Larry Chick, not dated, DMG received 1/3/06.
6. Objection from Paul A. and Verla H. Priest, dated 1/2/06, DMG received 1/5/06.
7. Objection from Rhoda Ziegler, dated 1/2/06,DMG received 1/5/06.
8. Objection from Lee and Joyce Garman, dated 1/4/06, DMG received 1/5/06.
9. Objection from Patricia Gardner, dated 1/3/06, DMG received 1/5/06.
10. Objection from Verla Priest acting as Secretazy/Treasurer for the Coalby Canyon Association, dated
12/28/05, DMG received 1/5/06.