2011-12-06_PERMIT FILE - M2011039

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Mr. Gagliano stated it was Mr. Barickman's intent to clear the land so he could build a house, but he didn't get the proper permits and somebody called the Mined Land Reclamation Board. The Mined Land Reclamation Board (MLRB) is the authority and part of the Division of Reclamation, Mining, and Safety (DRMS). They review and look at what is presented and determine if they can mine and reclaim the land back to a harmonious state. Mr. Barickman paid a fine, noting there was a finding of fact against him for the operation. The State can approve the permit, noting it's a reclamation permit and not a mining permit. It ties everything together and is how the site gets back to being harmonious. They're trying to reclaim the land properly. They look at their mining plan, reclamation plan, seeding mixes, their process to ensure they wouldn't leave anything toxic on -site, and they look to see if they're storing fuel on- site for their equipment. They're going to detail everything in the permit and it's pretty strict. They put together the application for the DRMS, noting they would approve or disapprove it, then present it to the MLRB for their approval or disapproval. The State of Colorado doesn't control local issues and that is why they need the special use permit to move forward so they can legitimately clear the land of the rocks. There's no room and it doesn't make sense to move them around on -site because it doesn't solve the problem. Mr. Barickman decided to sell them, noting they're decorative and a landscaping rock. They won't be crushed or processed on -site, but hauled off -site to be sold. If the special use permit is approved, their next step is to submit the reclamation permit application to the State. The State of Colorado believes in using their natural resources, but when it comes to local issues they have no control over traffic, dust, and odor. They have a weed control plan and a mission statement, which they would adhere to. They put a plan in their application to mitigate any noxious weeds and gain a foothold on their sites. Pueblo County started a new thing, noting they have somebody from the local soil conservation service go out and survey with them so they can tell them what the problems are and how to fix them. They signed an agreement and it works out good because they tell them what to spray and provides them with a list of professionals that can go out and spray the noxious weeds. Mr. Gagliano stated the rock picking operation has a relatively low impact. For example, if they had an orchard full of cherries they would go out and cherry pick them, and that's what they're doing. They're taking the rocks off and they won't be any more than six to eight inches deep, noting it's not their intent to excavate the surface of the earth. Two years ago, the DRMS and the MLRB required rock picking to have a reclamation permit, noting up until that time, it was the landowners' prerogative. He could get a declaratory order from the MLRB stating they could pick rocks without getting a reclamation permit, but like everything else, there's somebody that would come along and screw it up. It's a rock picking operation and there's no excavation. Mr. Barickman purchased a fairly large excavator to pick the rocks with, noting there's a lot of tall trees that would remain there until he cleared them for his home site. The trees are three to ten meters apart and he had to use a long reach to get to them. He can't get a loader in there to gather them up and pull them out of the forest. The aerial photographs he provided depict how thick the forest is and the eight -acre picking site, noting they're asking for 61 acres in the special use permit. They won't be rock picking all ten acres, noting he has a storage yard where the pallets sit until they're loaded on a truck and hauled to a job site. Mr. Gagliano stated when they apply for the DRMS permit they have the option of how they're going to use the land post mining, noting he's using the word mining because that's how it's written. They would reclaim it to residential so a house could be built there. That's the intent and they're preparing the land for it. It's a low impact operation that's called a 110C with the MLRB designation. The 110 means ten acres or less and the C denotes construction materials. They're going to pick the rocks up off the ground and haul them off -site to get rid of them. In order to proceed with the project, the applicant must obtain the special use permit tonight. He 2 SPECIAL USE PERMIT APPEAL NO. 2011 -002 STAFF REVIEW 11 -30 -2011 -DRAFT MINUTES- PCPC EXHIBIT NO. 3 cont' 11 -15 -2011