HomeMy WebLinkAbout20013510.tiff • •
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources - - ` - -
1313 Sherman St., Room 215
Denver,Colorado 80203 _ D VIS ON
Phone:(3031866-3567 — - MINERA
_
FAX_ 303)1332-81(36 ` &
GEOLOC
R E C L A M A T I (
MINING•SAFE
April 18, 2001 Bill Oweri
Governor
Greg E walcher
Executive Director
Parties Michael 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 April 17, 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 Wednesday April 25, 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
Ms. Cheryl Linden, OAG
Mr. Mark Held, OAG
pL/595
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 Wednesday, April 25, 2001, at the Centennial Building, 1313 Sherman Street, Denver,
Colorado, 80203, Room 318, during the Board's regular April meeting. The Board's agenda
(unless noticed otherwise) will begin at 10:00 a.m.
II. PARTIES
1. The Pre-hearing Conference in this matter was held on April 17, 2001, in Milliken,
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
All objectors were present at the Pre-hearing Conference unless noted.
Kathryn A. Hardin
11250 WCR 38
Platteville, Co 80651
Michael J. Ptasnik
18995 WCR 23
Platteville, Co 80651
Gale L. Scott—not present at Pre-hearing conference
11496 WCR 40
Platteville, Co 80651
James J. Brochard —not present at Pre-hearing conference
11665 WCR32 '/2
Platteville, Co 80651
Mike Depratt—not present at Pre-hearing conference
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—not present at Pre-hearing conference
11142 County Road 38
Platteville, Co 80651
David W. Siple
Patina Oil & Gas Corporation
1625 Broadway, Suite 2000
Denver, Co 80202
Beth Decker- not present at Pre-hearing conference
11470 WCR 38
Platteville, Co 80651
Dustin M. Ammons- not present at Pre-hearing conference
Davis Graham & Stubbs LLP
1550 Seventeenth Street, Suite 500
Denver, Co 80202
Chris Greneaux
HS Resources, Inc.
1999 Broadway, Suite 3600
Denver, Co 80202
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Marty Block - not present at Pre-hearing conference
Excel Energy
16805 WCR 19 ''
Platteville, Co 80651
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. (1999) ("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 and alluvial groundwater used for subirrigation. (Kathryn A. Hardin; Michael Ptasnik;
Scott, Brochard, Depratt, Odenbaugh, Reinick & Rippe; Michael Decker; Beth Decker)
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)
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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.
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.
2. Division's Introduction and Overview:
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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 100 minutes collectively in which to make a presentation to the
Board.
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 50 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.
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.
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Dated this 19`h day of April 2001.
BY:
Sandra L. Brown
Pre-hearing Conference Officer
c/o Division of Minerals and Geology
1313 Sherman St., Room 215
Denver, CO 80203
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• •
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\010416 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.
F'.\KIM\Ptasnik,Michaen010416 DMG Pre-Hearing Statement.wpd
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• •
DATED this 17th day of April, 2001.
LIND, LAWRENCE & OTTENHOFF LLP
By:
Kim R. Lawren e
, #8366
P. Andrew Jones, #29076
Attorneys for Michael Ptasnik
1011 11th Avenue
Greeley, CO 80631
(970) 356-9160
F:\K1M\Ptasnik,Michael\010416 DMG Pre-Hearing Statement.wpd
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• •
BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO
STATE OF COLORADO
File No. M-2000-158
WITNESS AND EXHIBIT LIST OF 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 DMG).
4. MLRB Order in Permit No. M-88-112 (copy attached).
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• ,
Respectfully submitted,
KellylHaglundjGarnsey- Kahn LLC
By6\2/
Lori Potter, #12118
1441 18th Street, Suite 300
Denver, CO 80202-1255
Telephone: (303) 296-9412
Fax: (303) 293-8705
E-mail: 1potter@khgk.com
ATTORNEYS FOR OBJECTORS
RIPPE, PTASNLK, et al.
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