HomeMy WebLinkAbout20252246.tiffJan Warwick
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Karla Ford
Monday, October 6, 2025 8:51 AM
CTB; David Eisenbraun; Maxwell Nader; Diana Aungst
FW: P123 Mine Dispute
P123 Mine Dispute.docx
Karla Ford
Office Manager & Executive Assistant
Board of Weld County Commissioners
Desk: 970-400-4200/970-400-4228
P.O. Box 758, 1150 0 St., Greeley, CO 80632
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From: Alison Ikenouye <aikenouye@gmail.com>
Sent: Monday, October 6, 2025 8:38 AM
To: Karla Ford <kford@weld.gov>
Subject: P123 Mine Dispute
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Raptor Materials LLC, 8120 Gage St, Frederick, CO 80516; (720) 698-2455, has filed an application to conduct a
surface mining and reclamation operation at Section 28, Township 5N, Range 65W, also known as 20282 CR 54, in
Weld County.
To be considered in the review process, comments or objections on the application must be submitted in writing
by Oct 21, 2025. The application decision date is scheduled for Nov 26, 2025.
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For any additional information or questions regarding the above -mentioned application, please contact Patrick
Lennberg at the Division of Reclamation, Mining and Safety, 313 Sherman St, Room 215, Denver CO, 80203, by
telephone (720) 665-0836 or by email Patrick.lennberg@atate.&o.us.
Please use the following information as a formal objection to the location of the proposed mining operation. Thank
you for your time and consideration.
2
October 5, 2025
To: Weld County Commissioners
1150OSt
PO Box 758
Greeley CO, 80631
RE: P123 Mine, File No. M-2025-039
Raptor Materials LLC, 8120 Gage St, Frederick, CO 80516; (720) 698-2455, has filed an application
to conduct a surface mining and reclamation operation at Section 28, Township 5N, Range 65W,
also known as 20282 CR 54, in Weld County.
To be considered in the review process, comments or objections on the application must be
submitted in writing by Oct 21, 2025. The application decision date is scheduled for Nov 26, 2025.
For any additional information or questions regarding the above -mentioned application, please
contact Patrick Lennberg at the Division of Reclamation, Mining and Safety, 313 Sherman St, Room
215, Denver CO, 80203, by telephone (720) 665-0836 or by email Patrick.lennberg@state.co.us.
Please use the following information as a formal objection to the location of the proposed mining
operation. Thank you for your time and consideration.
Calvin and Alison Ikenouye
19715 CR 52, La Salle CO, 80645
(970) 310-1551
238 acre proposed sand and gravel mine, Raptor Materials P123, located at 20282 County Road 54
Raptor Materials, 8120 Gage St, Frederick CO, 80516
Map of the proposed mine site
Brower Stay:
Wildlife Ares
Proposed mine site
The introduction in the application submitted to the Colorado Division of Reclamation,
Mining and Safety describes the proposed site as "just north of the intersection of Cr 35 and Cr 394
in Weld County, CO. The property is bound by the South Platte River to the north. Raptor Materials,
LLC is the permittee, and Raptor Materials, LLC is the landowner of the proposed aggregate mining
operation. The site contains a group of agricultural fields, an oil production facility, aggregate
material processing, asphalt & concrete recycling, and an asphalt plant." (11) The area described is
a completely different location not owned by Raptor Materials and several miles to the west. A
mining plan overview states that "the proposed mining plan includes dry mine gravel extraction
from four mining pods within the 236.1 acre affected area". (112) All maps submitted include only 3
mining pods. The application for the P123 Mine states that there are"an abundance of gravel pits"
(128) in the area, and "surroundings land uses include agricultural, open space, mining and
industrial". (21) However, the existing community only consists of agricultural production, grazing,
residential homes, a community park, state wildlife land, and is zoned agricultural. This is a
misrepresentation of important material facts (6), signed by Robert Haun VP of Operations, Raptor
Materials LLC. (8)
The location of the property for this proposed mine is directly adjacent to Evans Riverside
Park, which "features a 7 -acre fishing lake, over two miles of scenic trails, fishing docks, four ball
fields (two lighted and two unlighted), a spacious playground area, a picnic pavilion, basketball
court, pickleball court, restrooms, and many acres of undeveloped open space along the South
Platte River." This location is also adjacent to several family farms, grazing lands, as well as Brower
State Wildlife Area.
btps:/Jw_ww.evanscolorado.gov/parks-recreation-and-cgrnmunity/parks/#RiversidePark
https://cpw.state.co.us/state-wildlife-areaSibrower-swa
Mature vegetation near the river is home to many native wildlife species, including bald
e agles that are known to nest in cottonwood trees in the area. The impacts of the proposed mine
"would include direct temporary elimination of potential habitat within the affected area during
mining, and the temporary localized displacement associated with additional noise and lighting
from the proposed project." (129) This project plans to mine up to 150 feet of the South Platte River,
in the floodway (27), and after reclamation the "transformation of the bulk of the agricultural fields
o nsite into water storage ponds will be a permanent change in overall habitat." (129)
Mining and associated activities should maintain a minimum buffer of 660 feet from any
active bald eagle nest. This distance may be reduced if there is an existing, similar human activity in
place that eagles have shown tolerance for. For activities that produce loud, intermittent noises,
such as blasting, the setback distance must be extended to half a mile (2,640 feet) from an active
n est. In addition to the distance, a natural or vegetated landscape buffer should be maintained to
screen the mining activity from the nest. Mining operations should be avoided during the breeding
season, which can vary by location. If new mining activities are proposed within the 660 -foot buffer
during the breeding season, biological monitoring of the nest is recommended. If a mining project
cannot meet the recommended guidelines, a permit for "take" of an eagle is required from the
USFWS. "Take" includes disturbing an eagle to a degree that causes injury, decreases its
productivity by interfering with normal behavior, or causes nest abandonment.
https://www.fws.gov/law/bald-and-golden-eagle-protection-
act# N:text=The%20Bald%420and%o2QGolden%20Eagle,%22%2_Q(5D%20CFR%2022.6)
https://www.fws.gov/sites/default/files/documents/national-bald-eagle-management-g_uidelines.pdf
Photos of a Bald Eagle near the South Platte River above the proposed mine location, photos taken
09/25/2025 11:32 am
Mining next to state wildlife areas is generally regulated at the state and federal level, but
can pose significant threats to wildlife and ecosystems, including habitat destruction, water
contamination, and air pollution. Open -pit mining removes topsoil and vegetation, destroying
animal and plant habitats. Water Pollution: Mining can release heavy metals like lead and arsenic
into water sources, poisoning wildlife and disrupting the food chain. Air Pollution: Mining operations
are a source of particulate matter and toxic gases, which can negatively affect air quality for nearby
areas. Soil Contamination: Chemicals from mining can contaminate soil, harming plants and
invertebrates that form the base of the food web.
bttps://www..imesc usgs.gov/terrestrial/contaminants/tcuster 5_Q02531. html#:^J: text=En virinrnental9t2Qcon
tam nants%20associate_d%20with°/Q2Qmin_ ing%20activities%20may,acute°%o20or%fo20chronic%20effects%20
on %2Qres~ide.nt%20wLdlife.
With the installation of a slurry wall, the groundwater flow will be disrupted up to 1 foot in
depth (113) with a potential to flood during events of precipitation. "The installation of slurry walls
has the potential to create local groundwater shadows or mounding that damage neighboring
structures or property and the potential exacerbation of regional groundwater impacts." (31) A good
portion of our property, which is less than 50 feet from the proposed mine location, will have
potential to destroy our cropland by way of waterlogged soil. This will deprive our crops of oxygen
and soil nutrients. Brome grass is a native deep-rooted crop susceptible to rot when exposed to
excessive water. Brome grass also has a large root system and removal of the plant will increase the
risk of ground erosion in the area. Any extra groundwater will impact homes in the area with
foundations already close to the natural groundwater elevations.
https://plantst s_da.gov/ ocument i r /factsheet/pdf/fs brin2.pdf
"Weld County recognizes the right to farm and is an agricultural empire of 2.5 million acres
of which 75% is devoted to farming and raising livestock. Agricultural users of the land should not
be expected to change their long-established agricultural practices to accommodate the intrusions
of urban users into a rural area." A local, family -owned cattle company has been using the land
owned by Raptor Materials for cattle grazing for several years, which is consistent with the area land
use.
https://www.weld.gov/Gomernment/Departments/Planning-and-Zoning/Right to-Farm-Agrieaalt�re-in-Weld-
County
Post mining land use is described as developed water resource, specifically "water storage
pond with surrounding rangeland which will serve as open space and public recreation". (165). The
land is currently zoned for agriculture use, with no zoning permit issued for public or private
recreational use. These reservoirs will contain standing water, which will become breeding grounds
for mosquitoes. West Nile Virus is spread through mosquitoes, with multiple positive tests in the
area. In mid -July, the City of Greeley reported that mosquitoes trapped within the city tested
positive for West Nile virus, triggering mosquito spraying operations. Weld County's first human
case of West Nile virus was reported on July 25 in a county resident. By mid -August, Weld County
had eight confirmed cases of the virus. In early September, wastewater testing in Greeley detected
further West Nile virus activity, indicating a likely human case in the city.
https //www.weld.gov/Newsroom/2025-News/First-positive-case of-West-Nile-Virus-reported-in-Weld-
County#:N text=You9420Are%20Here%20:%20Home%20/%0202025,a%20health°/o20care%20professional°io2
()immediately.
On 4/24/2020, a report was submitted to Weld County Office of Emergency Management
about an oil/gas site incident. "An historic release was discovered near the former production
facility locations. Release delineation and clean up operations are underway." The proposed project
intends to mine through these locations and will disturb the reclamation of this oil and gas site.
https://aca-
prod. accela.camJWELD/CaplCapDetail.aspx?Module=Health&TabName=Health&caplD1 =20CAP&cap1D2=0
000Q&capID3=001SN&agencyCode=WELD&is ToShowinspection
Document history with Weld County shows the sale of the land between Varra Companies
LLC, and Raptor Materials LLC. A recorded Specialty Warranty Deed (171) was signed by Garrett
Varra, president of Varra Companies Inc. Varra Companies is a parent company with multiple
subsidiaries, including Eagle Materials and Raptor Materials. Varra Companies and Raptor
Materials both have a history of air pollution, emissions, permit and safety violations, per state
records.
https://propertyrepQrt,weld.gov/?account=P392798Q
https://www. bbb.org/us/co/frederick/profile/ready-mixed-concrete/raptor-materials-0805-46019732
https://cdphe.colorado.gov/compliance-and-enforce_rnent/colorado-air-quality-settlements and -orders
A public notice was to be posted on the property, as stated in the application (8),(191).
Upon inspection of the location of the posted notice, no notice was found.
Photo of notice in application to DBMS
No posted notice found at location
Please reconsider the location of the proposed P123 mine. Mining operations will disrupt
local wildlife and agricultural operations. Riverside Park and Brower State Wildlife Area, both
adjacent to the property, will also be affected. Property owners in the area will see decreased
property values, noise, dust, and the destruction of visual landscapes traditionally found in rural
areas and communities.
**Comments must be in writing and received by the Division of Reclamation, Mining and
Safety, 1313 Sherman St, Room 215 Denver, CO 80203 by 4:00pm October 21, 2025. A decision
date is scheduled for Nov 26, 2025 **
**Raptor Materials application for regular (112) Construction Materials Operation
Reclamation Permit with Colorado Mined Land Reclamation Board 303-866-3567, file M-2025-039.
Contact listed is Patrick Lennberg, 720-665-0836 **
**Link to application with the Colorado Division of Reclamation, Mining and Safety:
http //d rweblink.state.co.us/ins/sears aspx?cW!=x&searchcommand=%ZB%5BDRMS%2OPer
m iW02.QI_ndleX%°5D° A%5BPerrmLt%2ONo°/a5Di%3D%22M2025039%22%7D&cr=1
Pages referenced in the application to DRMS: (6), (8), (11), (21), (27), (31), (112), (113), (128), (129), (165), (171), (191)
NOTICE OF FILING APPLICATION RECEIVED
FOR COLORADO MINED LAND RECLAMATION PERMIT AUG 0 6 2025
FOR REGULAR (112) CONSTRUCTION MATERIALS OPERATION
WELD COUNTY
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS COMMISSIONERS
WELD COUNTY
BOARD OF COUNTY COMMISSIONERS
1150 O Street, Greeley, CO 80631
Raptor Materials has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation
Board (the "Board") to conduct the extractions of construction materials operations in Weld County. The attached
information is being provided to notify you of the location and nature of the proposed operation. The entire application
is on file with the Division of Reclamation, Mining, and Safety (the "Division") and at the local county clerk and
recorder.
The applicant/operator proposes to reclaim the affected land to Developed Water Resource use. Pursuant to Section
34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of
the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please
note that, in order to preserve your right to a hearing before the Board on this application, you must submit written
comments on the application within twenty (20) days after the date of the last publication of notice pursuant to Section
34-32.5-112(10). C.R.S.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please
contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
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g 155175 2025-2246
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St, Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
CHECK ONE: Q- There is a File Number Already Assigned to this Operation
Permit # M - - _ (Please reference the file number currently assigned to this operation)
EL. - t New Application (Rule 1.4.5) El_ Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotectmical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to
8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, ALL information requested below.
1. Applicant/operator or company name (name to be used on permit): Raptor Materials
1.1 Type of organization (corporation, partnership, etc.): LLC
2. Operation name (pit, mine or site name):
P123 Mine
3. Permitted acreage (new or existing site): permitted acres
3.1 Change in acreage (+) 236.1 acres
3.2 Total acreage in Permit area 236.1 acres
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: Sand
Gravel
$2,696.00 application fee
$3,342.00 quarry application
$2,229.00 amendment fee
$2,696.00 conversion fee
5.1 Incidental commoditie(s) to be mined: 1. - lbs/Tons/yr 2. lbs/Tons/yr
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: Construction materials (crushed rock, sand, washed rock, concrete, asphalt)
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
-2-
6. Name of owner of subsurface riehts of affected land: Refer to Exhibit O
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Raptor Materials LLC
8. Type of mining operation: j Surface _. Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): l 6th (Colorado) 10th (New Mexico) _ElUte
SECTION (write number): S 28
TOWNSHIP (write number and check direction): T 5 El North Q South
RANGE (write number and check direction): R 65 a East " 1 West
QUARTER SECTION (check one): Dth El SW
QUARTER/QUARTER SECTION (check one): NE 1- - NNW Li S� SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
One mile southeast of Evans, CO at an approximate average elevation of 4660 feet
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg min sec (2 decimal places)
Longitude (W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40.36293° (5 decimal places)
Longitude(W) -104.67083° (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84)
Easting
Northing
Zone
-3-
11. Corresnondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Robert Haun Title:
Company Name: Raptor Materials LLC
Street/P.O. Box: 8120 Gage St. P.O. Box:
City: Frederick
State: CO Zip Code: 80516
Telephone Number: ( 720 ) _ 698-2455
Fax Number: 1 ) _ rhaun@raptormaterials11c.com
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Ben Langenfeld Title: Partner/Principal Consultant
Company Name: Lewicki & Associates
Street/P.O. Box: 3375 W Powers Circle P.O. Box:
City: Littleton
State: CO Zip Code: 80123
Telephone Number: ( 720 ) - 842-5231
Fax Number: ( 303 ) _ 346-6934
INSPECTION CONTACT
Contact's Name: Robert Haun Title:
Company Name: Raptor Materials LLC
Street/P.O. Box: 8120 Gage St. P.O. Box:
City: Frederick
State: CO Zip Code: 80516
Telephone Number ( 720 ) - 698-2455
Fax Number: ( ) _ rhaun@raptormaterialsllc.com
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
-4-
12. Prima future (Post -mining) land use (check one):
ll Cropland(CR) j1 Pastureland(PL)
Rangeland(RL) Forestry(FR)
Residential(RS) Recreation(RC)
_M ^ Developed Water Resources(WR)
13. Primary present land use (check one :
Cropland(CR) Pastureland(PL)
Rangeland(RL) Forestry(FR)
BResidential(RS) fJ Recreation(RC)
Developed Water Resources(WR)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
E Solid Waste Disposal(WD)
X' General Agriculture(GA)
Wildlife Habitat(WL)
11 Industrial/Commercial(IC)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
excavators, and haul trucks.
Open pit mining using dozers, scrapers,
15. On Site Processing: Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel): There will be a designated processing area where haul
trucks deliver material that is loaded by excavators into aggregate crushing and washing machines.
List any designated chemicals or acid -producing materials to be used or stored within permit area: N/A
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
Hello