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Home My WebLink About20013513 • • -1 `fti, N. li STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 AILD I V l))-44:415 I O N Denver,Colorado 80203 Phone:(303)866-3567 M I N E R A FAX:(303)832-8106 'L -- GEOLO RECLAMATI MINING•SAF June 4, 2001 Bill ons v Greg E.watcher Executive Director Parties Division B.Long Division Director Platte Sand & Gravel LLC File No. M-2000-158 RE: Pre-hearing Order, File No. M-2000-158 S& H Mine; 112c Permit Application To Whom It May Concern: The enclosed Pre-hearing Order, drafted as a result of the Pre-hearing Conference held in this matter on June 4, 2001, is being sent to you pursuant to Construction Materials Rule 2.7.1(3). If you have any questions, concerns, or objections regarding the provisions of the enclosed document, please direct them to the Mined Land Reclamation Board at the final hearing to be held in this matter on June 27-28, 2001 at the Centennial Building, 1313 Sherman Street, Room 318, in Denver, Colorado. Sincerely, Sandra L. Brown Pre-Hearing Conference Officer Attachments cc: Ms. Erica Crosby, DMG Mr. Carl Mount, DMG Ms. Cheryl Linden, OAG Mr. Mark Held, OAG i:.et; awl-3513 �,_ //-c / pi.15y5 Additional Certificate of Service Platte Sand and Gravel, LLC 5 & H Mine - 112 New Permit Application File No. M-2000-158 Addition to Mailing List I,S4 r a k .(2. v , hereby certify that on this 4'h day of June, 2001, I deposited a true copy of the Pre-hearing Order, along with Witness and Exhibit Lists, in the United States Mail, postage paid, addressed to the following individuals (in addition to the S cl H Mine Mailing List included in the Pre-hearing Order): FREDERICK L GINSBERG ATTORNEY 19201 E MAINSTREET#201 PARKER CO 80134 MS LORI POTTER ATTORNEY 1441 18TH ST STE 300 DENVER CO 20202-8705 WESTERN MUTUAL DITCH COMPANY c/o MR P ANDREW JONES ATTORNEY 1011 11TH AVENUE GREELEY CO 80631 gaw\mlrb\addition to platte mailing list6-4-01 cbm I BEFORE THE MIND LAND RECLAMATION BOARD STATE OF COLORADO PRE-HEARING ORDER IN THE MATTER OF PLATTE SAND & GRAVEL, LLC, THE S&H MINE , FILE NO. M- 2000-158, APPROVAL OF A 112 PERMIT APPLICATION OVER OBJECTIONS This Pre-hearing Order is proposed to the Mined Land Reclamation Board ("the Board") by the Pre-hearing Conference Officer, Sandra Brown, to govern the hearing in this matter. This Order, and amendments thereto, if any, shall be effective upon approval by the Board. If any party has objections to the provisions of this Pre-hearing Order, those objections must be raised at the final hearing before the Board during its deliberations under Section VI.1 below. I. FORMAL PUBLIC HEARING The Formal Public Hearing on this matter (unless noticed otherwise) shall be held before the Board on June 27, 2001, at 10:00 a.m. at the Centennial Building, 1313 Sherman Street, Denver, Colorado, 80203, Room 318, during the Board's regular June meeting. II. PARTIES 1. The Pre-hearing Conferences in this matter were held on April 17, 2001, in Milliken, Colorado and June 4, 2001 in Denver, Colorado. The Pre-hearing Conference Officer verified the following party list: a. APPLICANT Rocky Hoffschneider Platte Sand & Gravel LLC P.O. Box 180 Littleton, CO 80106 b. OBJECTORS Kathryn A. Hardin 11250 WCR 38 Platteville, Co 80651 Michael J. Ptasnik 18995 WCR 23 Platteville, Co 80651 • • Gale L. Scott 11496 WCR 40 Platteville, Co 80651 James J. Brochard 11665 WCR 32 '/2 Platteville, Co 80651 Mike Depratt 10997 WCR 36 Platteville, Co 80651 Stan Odenbaugh 11100 WCR 38 Platteville, Co 80651 Royce A. Reinick 11049 WCR 40 Platteville, Co 80651 Bruce W. Rippe 11419 WCR 36 Platteville, Co 80651 Michael Decker 11142 County Road 38 Platteville, Co 80651 David W. Siple Patina Oil & Gas Corporation 1625 Broadway, Suite 2000 Denver, Co 80202 Beth Decker 11470 WCR 38 Platteville, Co 80651 Dustin M. Ammons Davis Graham & Stubbs LLP 1550 Seventeenth Street, Suite 500 Denver, Co 80202 Chris Greneaux HS Resources, Inc. 1999 Broadway, Suite 3600 Denver, Co 80202 2 • • Marty Block Excel Energy 16805 WCR 19 '/2 Platteville, Co 80651 Western Mutual Ditch Company Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall participate in the hearing as staff to the Board. III. ISSUES TO BE CONSIDERED Presentations to the Board shall be strictly limited to the issue of whether the pending application complies with the requirements of the Colorado Land Reclamation Act for the Extraction of Construction Materials, Sections 34-32.5-101 et seq., C.R.S. ("Construction Materials Act"), and the rules and regulations promulgated by the Board. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issues stated below. 1. Reclamation plan with respect to environmental protection of surface water run-on, run-off, discharge, and goals and expectations. (Michael Decker) 2. Potential impacts from mining operation to adjacent landowners domestic wells, irrigation wells, irrigation ditches and alluvial groundwater used for subirrigation. (Kathryn A. Hardin; Michael Ptasnik; Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe; Michael Decker; Beth Decker; Western Mutual Ditch Company) 3. Presence of wetlands, necessary mitigation and need for 404 Permit. (Michael Ptasnik; and Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe) 4. 100 year flood plain analysis, mitigation and set back requirements (Michael Ptasnik; Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe) 5. Evaporative loss from the reclaimed lake surface and water augmentation plan (Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe) 6. Containment and disposal plan for mine and plant generated chemicals and other by- products. (Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe) 7. Potential wildlife habitat loss and delineation of buffer zones to protect eagle roost habitat. (Michael Ptasnik) 8. Reclamation cost estimate, consideration of what structures were considered. ( Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe) 3 • • 9. Legal right to enter and protection of existing structures, easements. (Michael Ptasnik; Patina Oil & Gas; HS Resources) 10. Legal right to enter with respect to future exploration and development of oil and gas leases (Michael Ptasnik; Patina Oil & Gas; HS Resources) IV. ISSUES NOT TO BE CONSIDERED All other issues raised by the parties that are not included in the list above will not be considered by the Board, either because the concern has been addressed or because the issue is outside the jurisdiction and authority of the Board under the Construction Materials Act. V. WITNESSES AND EXHIBITS Rules 2.7.1(2)(d) and(e) require that pre-hearing orders contain lists of all witnesses and exhibits that the parties will introduce at the hearing. The purpose of this rule is to ensure that parties are given an opportunity to prepare replies or rebuttals to the materials offered by other parties. If any parties to this matter submitted lists under that rule, those lists are attached to this order. Any party that wishes to view another party's exhibits should contact that party or the party's Attorney of Record. The parties shall note that if no witness or exhibit lists were submitted by a party at the Pre- hearing Conference, that party may not introduce any exhibits or present any witnesses at the final hearing in this matter without express permission from the Board. All documents exhibits and photographs presented, as evidence at the Formal Public Hearing will become part of the administrative record. Upon request, a party may recover any evidence introduced by that party, if no action for judicial review is commenced within thirty (30) days of the date agency action in this matter becomes effective. VI. PROCEDURE The Division, parties and members of the public shall make presentations in the following order. The time limits set out below are maximum limits and shall be strictly enforced. The Board, in its discretion, may allow additional time when warranted. The Board has the right to limit any redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to conduct cross-examination of any witnesses that testified during the presentation. 1. Board's Consideration and Adoption of the Pre-hearing Order: The Pre-hearing Conference Officer shall present this Pre-hearing Order to the Board for adoption. The Board will hear any objections to the proposed Order at that time, and will make any necessary amendments prior to adopting the Order. 4 S 2. Division's Introduction and Overview: The Division shall have 10 minutes in which to present an introductory overview of the application. 3. Applicant's Presentation: The Applicant shall have 20 minutes in which to make a presentation to the Board. 4. Division's Presentation and Recommendation: The Division shall have 30 minutes in which to present its recommendation to the Board. 5. Objectors' Presentations: The Objectors shall have 110 minutes as listed below in which to make a presentation to the Board. 30 minutes—Andrew Jones on behalf of objector Ptasnik 30 minutes—Andrew Jones on behalf of objector Western Mutual 30 minutes - Lori Potter on behalf of objectors Ptasnik, Rippe and Scott 5 minutes—Patina Oil & Gas Corporation 5 minutes—HS Resources, Inc. 5 minutes—each remaining party 6. Public Comment Period: Members of the public who are not parties to this action shall have 10 minutes collectively to address the Board. 7. Cross-Examination and Rebuttal Statement - Applicant The Applicant shall have 30 minutes to cross-examine witnesses and make a rebuttal statement. 8. Cross-Examination, Rebuttal Statements, and Closing Comments - Objectors: The Objector shall have 60 minutes collectively to cross-examine witnesses and make rebuttal and closing statements. 9. Rebuttal Statements - Division: The Division shall have 15 minutes to make a rebuttal statement. 5 0 10. Applicant's Closing Statement: The Applicant shall have 15 minutes to make a closing statement. 11. Division's Closing Statement: The Division shall have 5 minutes to make a closing statement. Dated this 4th day of June 2001. BY: l a L.- S L. Brown Pre-hearing Conference Officer c/o Division of Minerals and Geology 1313 Sherman St., Room 215 Denver, CO 80203 6 • • CERTIFICATE OF SERVICE I, 6I evtda LJ,I (haws , hereby certify that on this '7 day of , 2001, I deposited a true copy of the foregoing Pre-hearing Conference Ordeca ong with Witness and Exhibit Lists, in the United States Mail, postage paid, addressed to the following: See attached list FOR THE MINED LAND RECLAMATION BOARD Certifying Signature M:\oss\gaw\mlrb\Platte certificate of svc6-4-0I cbm • • ROCKY HOFFSCHNEIDER STAN ODENBAUGH PLATTE SAND& GRAVEL LLC 11100 WCR 38 P.O. BOX 180 PLATTEVILLE,CO 80651 LITTLETON, CO 80106 STEVAN O'BRIAN ROYCE A. REINICK ENVIRONMENT, INC. 11049 WCR40 7985 VANCE DRIVE, SUITE 205A PLATTEVILLE, CO 80651 ARVADA,CO 80003 KATHRYN A. HARDIN BRUCE W. RIPPE 11250 WCR 38 11419 WCR 36 PLATTEVILLE, CO 80651 PLATTEVILLE, CO 80651 MICHAEL J. PTASNIK MICHAEL DECKER 18995 WCR 23 11142 COUNTY ROAD 38 PLATTEVILLE, CO 80651 PLATTEVILLE, CO 80651 GALE L. SCOTT DAVID W. SIPLE 11496 WCR 40 PATINA OIL&GAS CORPORATION PLATTEVILLE,CO 80651 1625 BROADWAY, SUITE 2000 DENVER, CO 80202 JAMES J. BROCHARD BETH DECKER 11665 WCR 32 '/: 11470 WCR 38 PLATTEVILLE, CO 80651 PLATTEVILLE, CO 80651 MIKE DEPRATT DUSTIN M. AMMONS 10997 WCR 36 DAVIS GRAHAM& STUBBS LLP PLATTEVILLE, CO 80651 1550 SEVENTEENTH STREET, SUITE 500 DENVER, CO 80202 • • CHRIS GRENEAUX NANETTE FORMONT HS RESOURCES, INC. MILLIKEN TOWN HALL 1999 BROADWAY, SUITE 3600 P O BOX 290 DENVER, CO 80202 MILLIKEN CO 80543 MARTY BLOCK XCEL ENERGY WELD COUNTY COMMISSIONERS 16805 WCR 19 '/2 915 10TH STREET PLATTEVILLE,CO 80651 GREELEY CO 80632 SANDRA,JIMMY&KENNETH BOOS 11258 WELD COUNTY ROAD 40 MS SHARON SCHUYLER PLATTEVILLE,CO 80651 PLATTE VALLEY SCD 840 BROADWAY AVE FT LUPTON CO 80621 SHARYN FRAZER& THOMAS HAREN AGPRO ENV. SVCS LORI POTTER 4311 HWY 66#4 KELLY HAGLUND GARNSEY&KAHN LONGMONT, CO 80504 1441 EIGHTEENTH STREET STE 300 DENVER CO 80202 FREDERICK L. GINSBURG P.O. BOX 697 KRIS PICKETT PARKER,CO 80134 PICKETT ENGINEERING INC 808 8TH STREET GREELEY CO 80631 WESTERN MUTUAL DITCH COMPANY C/O P. ANDREW JONES LIND LAWERENCE& OTTENHOFF LLP 1011 ELEVENTH AVE GREELEY CO 80631 NORMAN &JUDITH SWANK 16543 WCR23 PLATTEVILLE CO 80134 • 0 BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO STATE OF COLORADO File No. M-2000-158 PREHEARING STATEMENT OF MICHAEL PTASNIK S & H MINE 112 NEW PERMIT APPLICATION PLATTE SAND AND GRAVEL, LLC, APPLICANT Michael Ptasnik, by and through his attorneys, P. Andrew Jones and Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP presents the following Prehearing Statement. FACTUAL AND LEGAL ISSUES 1. The Applicant must demonstrate that the proposed de-watering activities will not injure neighboring alluvial wells. At a minimum, the following conditions should be imposed on the Applicant: A. The Applicant shall wet mine the property only, with the limited exception set forth below. No dry mining of any kind shall be permitted without re- application to the Mined Land Reclamation Board. Applicant shall notify all parties to the present Application proceeding by mail of any re-application seeking increased de-watering activities. B. De-watering activity shall be limited to the creation of a "starter pit" for the assembly of the wet mining dredge, and the following restrictions shall apply: I. No more than 1 acre on the entire property that is the subject of the application shall be de-watered at any one time. II. Any starter pit shall be constructed as far from any neighboring wells as possible, as close the South Platte River as possible, and in areas of reduced aquifer transmissivity. III. De-watering activities shall occur only between the months of October and March, inclusive. F:\KIM\Ptasnik,Michael\010604 DMG Pre-Hearing Statement.wpd IV. Applicant shall extend pumping times and otherwise regulate pumping practices to reduce potential impacts on neighboring wells. V. Once the dredge has been assembled, de-watering activities shall cease. VI. In the event neighboring wells are injured by Applicant's activities, Applicant shall be required to cease all de-watering activity until such injury is remedied and Applicant demonstrates that no such injury will occur in the future. In addition, Applicant shall be required to compensate the owner of any injured well for damages sustained as a result of any injury caused by Applicant's activities. 2. The Applicant must demonstrate an ability to augment ground water evaporation losses from the pits at full build out. Applicant currently owns insufficient water for augmentation. A 112 permit should be made contingent upon Applicant's demonstration of ownership or control of water sufficient to augment evaporation losses and adjudication of a decreed augmentation plan. EXHIBITS 1. Leaf Engineering Letter Reports dated February 28, 2001, and March 26, 2001. 2. Copies of well permit files for all neighboring wells, including but not limited to permit nos. 14041, 3-14540, 3-14042, 10747, 2-14043, 11494, 13626, 5-14542, 1-12022, 12948, 1-12934, 1-14131. 3. The permit application, all materials submitted by Applicant to the Division of Minerals and Geology, and all correspondence between the Division and the Applicant. WITNESSES 1. Forrest Leaf, P.E., Leaf Engineering, to testify as an expert witness concerning his investigation of the application herein. Mr. Leafs résumé is attached hereto as Exhibit "A." 2. Michael Ptasnik. Dr. Ptasnik will testify as to his ownership of neighboring wells, his use of those wells, and his concerns with the de-watering plans of the Applicant. DATED this 4th day of June, 2001. LIND, LAWRENCE & OTTENHOFF LLP F:\KIM\Ptasnik,Michael\010604 DMG Pre-Hearing Statement.wpd 2 By: /Q Kim R. L wren 366 P. Andrew Jon, #29076 Attorneys for Michael Ptasnik 1011 11th Avenue Greeley, CO 80631 (970) 356-9160 F:\KIM\Ptasnik, Michael\010604 DMG Pre-Hearing Statement.wpd 3 • • • BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO STATE OF COLORADO File No. M-2000-158 PREHEARING STATEMENT OF WESTERN MUTUAL DITCH COMPANY S & H MINE 112 NEW PERMIT APPLICATION PLATTE SAND AND GRAVEL, LLC, APPLICANT Western Mutual Ditch, by and through its attorneys, P. Andrew Jones and Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP presents the following Prehearing Statement. FACTUAL AND LEGAL ISSUES 1. The Applicant must demonstrate that the proposed de-watering activities will not injure the Western Mutual Ditch or its shareholders. At a minimum, the following conditions should be imposed on the Applicant: A. The Applicant shall wet mine the property only, with the limited exception set forth below. No dry mining of any kind shall be permitted without re- application to the Mined Land Reclamation Board. Applicant shall notify all parties to the present Application proceeding by mail of any re-application seeking increased de-watering activities. B. De-watering activity shall be limited to the creation of a "starter pit" for the assembly of the wet mining dredge, and the following restrictions shall apply: No more than 1 acre on the entire property that is the subject of the application shall be de-watered at any one time. II. Any starter pit shall be constructed as far from the Western Mutual Ditch as possible, as close the South Platte River as possible, and in areas of reduced aquifer transmissivity. III. De-watering activities shall occur only between the months of October and March, inclusive. F:\KIM\WESTERN.MUT\Platte Sand\Pleadings\010604 DMG Pre-Hearing Statement.wpd • • IV. Applicant shall extend pumping times and otherwise regulate pumping practices to reduce potential impacts on neighboring wells. V. Once the dredge has been assembled, de-watering activities shall cease. VI. In the event the Western Mutual Ditch or its shareholders are injured by Applicant's dewatering activities, Applicant shall be required to cease all de-watering activity until such injury is remedied and Applicant demonstrates that no such injury will occur in the future. In addition, Applicant shall be required to compensate Western Mutual Ditch Company for damages sustained as a result of any injury caused by Applicant's activities. VII. No water shall be discharged to the Western Mutual Ditch. VIII. The Applicant shall install two measuring weirs and clocks prior to the commencement of dewatering to measure the effect of dewatering on the Ditch. Both the Applicant and Western Mutual Ditch Personnel shall have ready access to these structures and records. IX. Mining depth shall be limited to fifteen feet below the static water level. 2. The Applicant must demonstrate an ability to augment ground water evaporation losses from the pits at full build out. Applicant currently owns insufficient water for augmentation. A 112 permit should be made contingent upon Applicant's demonstration of ownership or control of water sufficient to augment evaporation losses and adjudication of a decreed augmentation plan. EXHIBITS 1. Leaf Engineering Letter Reports dated February 28, 2001, March 26, 200, and May 31, 2001. 2. Copies of water decrees for the Western Mutual Ditch. 3. The permit application, all materials submitted by Applicant to the Division of Minerals and Geology, and all correspondence between the Division and the Applicant. F:\KIM\WESTERN.MUT\Platte Sand\Pleadings\010604 DMG Pre-Hearing Statement.wpd 2 WITNESSES 1. Forrest Leaf, P.E., Leaf Engineering, to testify as an expert witness concerning his investigation of the application herein. Mr. Leafs resume is attached hereto as Exhibit "A." 2. Frank Eckhardt, or another representative of the Western Mutual Ditch will testify as to the operation of the Ditch, the potential effect of Applicant's proposed mining activities on the Ditch and its shareholders, and conditions necessary to prevent injury. DATED this 4th day of June, 2001. LIND, LAWRENCE & OTTENHOFF LLP By: Kim . Lawre e, #8366 P. Andrew Jones, #29076 Attorneys for Michael Ptasnik 1011 11th Avenue Greeley, CO 80631 (970) 356-9160 F:\KIM\WESTERN.MUT\Platte Sand\Pleadings\010604 DMG Pre-Hearing Statement.wpd 3 MAY-18-01 03:32PM TM-Colorado Division of Minerals & Geolon +13038663567 T-I17 P.002/003 F-219 •-• u. uoe up h e Ginsberg, RLLorney 41099 P- 2 BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF STATE OF COLORADO COLORADO File No. M-2000-158 WITNESS LIST FOR THE APPLICANT S & N M1NE 112 NEW PERMIT APPLICATION PLATTE SAND AND -- -�_ GRAVEL, I_LC, APPLICANT The Applicant, b y and through attorney, Frederick L. Ginsberg, submits the following list of witnesses: 1. Steve O'Brien, Environment, Inc_ 7985 Vance Drive, Ste. 205A Arvada, CO 80003 303-423-7297 2. Greg Raush Dennis McGrane John Ford Leonard Rice Consulting Water Engineers, Inc_ 2000 Clay St.. Ste. 300 Denver, CO 80211-5119 303-455_9589 3. Kris Pickett Pickett Engineering, Inc. 808-8th St. Greeley, CO 80631 970-356-6362 4. ERO Resources 1842 Clarkson St. Denver, CO 80218 303-830-1188 Respectfully submitted this 18th day of April, 1. rederick L. Giinsberg• #1 MAY-18-01 03:32PM FROM-Colorado Division of Minerals & Geology +13038663567 T-117 P 003/003 F-219 Rpr 18 O1 o5: Oep Fill Ginsberg, Httarney 3410999 P 3 19201 E. Mainstreet, #201 MAIL TO: P.O, Box 697 Parker, CO 80134 (303) 841-0877 Attorney for Applicant 2 06/04/2001 M0N 12:55 FAX wJ uuci uoo • • BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO STATE OF COLORADO File No. M-2000-158 WITNESS AND EXHIBIT LIST ON BRUCE RIPPE, MICHAEL PTASNIK, et al. S &H MINE 112 NEW PERMIT APPLICATION PLATTE SAND AND GRAVEL, LLC, APPLICANT Objectors Bruce Rippe, Michael Ptasnik, et al., submit the following list of their witnesses and exhibits for the hearing of April 25, 2001: WITNESSES Objectors may call: 1. Any one of the objectors. 2. David Cooper, Ph.D., wetlands scientist, or one of his associates. EXHIBITS Objectors may introduce: 1. Portions of applicant's special use permit application to Weld County. 2. Weld County's flood plain map (relevant portion attached hereto). 3. Applicant's letter of intent to prepare a flood plain analysis and mitigation plan (in files of AMC). 4. MLRB Order in Permit No. M-88-112 (copy attached). 1.411%go kpld-oha\wn eeh fisLagd 06/04/2001 MON 12:55 FAX L uuo/uuo • • • 5. Letter of Dr. David Cooper dated May 14, 2001. Respectfully submitted, Kelly' ndlGarnsey f Kahn LLC By / 2-4-1 ...\-------_ Lori Potter, #12118 1441 18th Street, Suite 300 Denver, CO 80202-1255 Telephone: (303) 296-9412 Fax: (303) 293-8705 E-mail: 1potter@ldigk.com ATTORNEYS FOR OBJECTORS • RIPPE, PTASNIK, et al. 2 PM 196.0011P1d u0MI-h,YJI Iles d Hello