The URL can be used to link to this page

Browse Search

Home My WebLink About20002265.tiff STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources - - 7 1313 Sherman St., Room 215 DIVISION O F Denver, Colorado 80203 Phone:(303)866-3567 MINERALS 1 FAX:(303)832-8106 GEOLOGY RECLAMATION , MINING•SAFETY ! May 18, 2000 Bill Owens Governor Parties Greg E.Walther 112 Permit Amendment Application Executive Director La Poudre Sand and Gravel Pit Michael B.Long Division Director File No. M-1983-090 RE: Pre-hearing Order, File No. M-1983-090, Hall-Irwin Construction Company La Poudre Sand and Gravel Pit - 112 Permit Amendment 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 May 16, 2000, 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, May 24, 2000, in Denver, Colorado. Sin�erincer l� H. Bruce Humphries Minerals Program Supervisor Attach.(1): Tuttle-Applegate Witness List cc: Jeff Gregg, Hall-Irwin Construction Company/Applicant Clem McNancy/Objector Dana Moore, Tuttle-Applegate Rick Moss, DOW Weld County Commissioners Michael Shay, West Greeley SCD Kenneth Baumbach, Weld County Planning Dept. Erica Crosby, DMG-Denver Sandy Brown, DMG-Denver Cheryl Linden, OAG Tom Roan, OAG C e /2L Fe) (?h' ?T1,,1'-1;. !t,b0 2000-2265 4-- hnll-Irwin-esc pL_1d5 ] Mailing List JEFF GREGG HALL-IRWIN CONSTRUCTION COMPANY PO BOX 519 GREELEY CO 80632 DANA MOORE TUTTLE-APPLEGATE INC 11990 GRANT ST STE 304 DENVER CO 80233 CLEM MCNANEY P O BOX 248 WINDSOR CO 80550 • RICK MOSS COLORADO DIVISION OF WILDLIFE NE REGIONAL OFFICE 6060 NORTH BROADWAY DENVER CO 80216 WELD COUNTY COMMISSIONERS 915 10TH STREET GREELEY CO 80632 MICHAEL SHAY WEST GREELEY SOIL CONSERVATION DISTRICT 4302 W 9TH ST RD GREELEY CO 80634 WELD COUNTY PLANNING DEPARTMENT ATTN: KENNETH BAUMBACH 1555 N 17TH AVE GREELEY CO 80631 hauhwin-ecs BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO PRE-HEARING ORDER IN THE MATTER OF HALL IRWIN CONSTRUCTION COMPANY, THE LA POUDRE SAND AND GRAVEL PIT AMENDMENT 001, FILE NO. M-83-090, APPROVAL OF A 112 PERMIT AMENDMENT 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 May 24, 2000, at the Centennial Building, 1313 Sherman Street, Denver, Colorado, 80203, Room 318, during the Board's regular May meeting. The Board's agenda (unless noticed otherwise) will begin at 9:00 a.m. IL PARTIES 1. The Pre-hearing Conference in this matter was held on May 16, 2000 in Denver, Colorado. The applicant was represented by Tuttle Applegate. The objector did not appear. The Pre-hearing Conference Officer verified the following party list: a. APPLICANT Hall-Irwin Construction Company Jeff Gregg P.O. Box 519 Greeley, CO b. OBJECTORS Clem McNaney P.O. Box 248 Windsor, CO 80550 • xG%C�' - ,a)•?/ 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. Potential impacts to prevailing hydrologic balance due to the construction of the slurry wall. 2. Potential impacts to prevailing hydrologic balance due to the construction and location of berms. 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. A list of Witnesses and a list of Exhibits were submitted for the Applicant. They 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 2 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: The Division shall have 5 minutes in which to present an introductory overview of the application. 3. Applicant's Presentation: The Applicant shall have 5 minutes in which to make a presentation to the Board. 4. Division's Presentation and Recommendation: The Division shall have 10 minutes in which to present its recommendation to the Board. 5. Objectors' Presentations: The Objectors shall have 10 minutes 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 5 minutes collectively to address the Board. 7. Cross-Examination and Rebuttal Statement- Applicant The Applicant shall have 15 minutes to cross-examine witnesses and make a rebuttal statement. 8. Cross-Examination, Rebuttal Statements, and Closing Comments - Objectors: The Objector shall have 15 minutes to cross-examine witnesses and make rebuttal and closing statements. 9. Rebuttal Statements - Division: The Division shall have 10 minutes to make a rebuttal statement. 3 a'GGIi —. : r'e 10. Applicant's Closing Statement: The Applicant shall have 5 minutes to make a closing statement. 11. Division's Closing Statement: The Division shall have 5 minutes to make a closing statement. Dated this 18`h day of May, 2000. BY: 7444_LA c Sandra L. Brown Pre-hearing Conference Officer do Division of Minerals and Geology 1313 Sherman St., Room 215 Denver, CO 80203 4 ,, _ ? &S xGc- l' '.a •i. l;T —_ 4Pn!_,E3,4 INC 3034512759203452661 '.. lay ' 11:35: ^`'R^ �7G8 1 '1 v? 3 ■ead ■ rf — - - 71httleApplegate,lnc. Consultants for Land, Mineral and Water FAX TRANSMITTAL DATE: May 17, 2000 TA FILE # 99-226 NUMBER OF PAGES: 1 including cover sheet TO: Erica Crosby , . FAX NUMBER: 303-832-8106 FROM: Dana Moore COMMENT: Here is a list of witnesses we may call at the May 24`h Board Hearing to • go along with the list of exhibits 1 faxed earlier I . Jeff Gregg, Vice President, Aggregate Division, Hall Irwin Construction Corporation 2. Mike Applegate,Tuttle Applegate, Inc. 3. Dana Moore, Tuttle Applegate Inc. Thanks, Dana If you have received this communication in error,please notify us immediately by tclophone (if long distance.please call collect)and return the original message via the U.S. Postal Service at our expense. If there are problems with this transmission,please call the receptionist at(303)452-6611. 11990 Grant Street, Suite 304 • Donver, Colorado 80233 • (303)452.6611 • (Fax)452-2759 c?G yC'- ,!:4:5 , .10- 3y: _._ APPL= = INC 32:303»:26611 : 7:10: � _ye I • III Id I 9 ` t'te- 7WttleApplegate,inc. Consultants for Land, Mineral and Water FAX TRANSMITTAL DATE: May 17, 2000 TA FILE # 99-226 NUMBER OF PAGES: 1 including cover sheet TO: Erica Crosby FAX NUMBER: 303-832-8106 FROM: Dana Moore COMMENT: Here is a list of exhibits we will have for the May 24b Board Hearing. They should be the same as the ones noted during the PreBoard Hearing Conference on May 16th, In addition to drawings that are currently on record with the DMG, we would like to exhibit: 1.. The FEMA Flood Insurance Rate Map for Weld County, Colorado 2. The 7.5 Minute Series Windsor Quadrangle Map 3. The 1983 La Poudre Pit Reclamation Plan with Information Added by Tuttle Applegate Also, were you able to get in touch with Clem MeNaney yesterday regarding any exhibits or witnesses he was planning to bring firth during the Board Hearing? If you would just let me know what you find out when you are able to talk with him, I would appreciate it. Thanks! Dana If you have received this communication in error, please notify us immediately by telephone (If long distance,please call collect)and return the original message via the U.S. Postal Service at our expense. If there are problems with this transmission,please call the receptionist at(303)452-6811. 11990 Grant Street,Suite 304 • Denver, Colorado 80233 • (303)452-6611 • (Fax)452-2759 _ Hello