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excavated from the wash plant bench construction along the outslope of the gob pile haul <br />road. A portion of the material storage area fell within 100 feet of the right -of -way of old <br />State Highway 133. The public notice of the completeness of this revision also informed <br />the public of the right to request a public hearing. The public notice appeared in the June <br />25, 2003 edition of the Delta County Independent. No one requested a public hearing. <br />Permit Revision No. 13 allowed for underground mining within 100' of Stevens Gulch <br />Road, and subsequent technical revisions have approved surface disturbances associated <br />with gob vent boreholes within 100' of the right -of -way of Stevens Gulch Road. No <br />requests for an informal conference were received with any of the Stevens Gulch Road <br />permitting actions. <br />Permit Revision No. 14 will also allow for underground mining beneath Stevens Gulch <br />Road. No requests for an informal conference were received in response to the <br />applicant's public notice of the application. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 feet, <br />measured horizontally, of the surface operations or facilities. The dwelling is owned by <br />Hidden Valley Ranch and Cattle Company, Inc. A written waiver is included in Volume <br />III, Exhibit 14, from the dwelling owner, which states that the owner had the legal right <br />to deny mining, and the dwelling owner knowingly waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet of <br />several buildings that had been owned by the Hidden Valley Ranch and Cattle Company. <br />However, under an Option to Purchase, BRL negotiated a Special Power of Attorney that <br />assigned all rights to BRL for the property in question. This documentation is found in <br />Tab 1 of Volume III of the permit application. <br />Concerning Permit Revision No. 6, several occupied buildings were within 300 feet of <br />the proposed operations. In several cases, BRL purchased the properties and demolished <br />the buildings. In another case, BRL built a replacement home for one citizen whose <br />original home was within 300 feet of the disturbance. BRL, then, received a right -of- <br />entry agreement with the same landowner for access onto the property. BRL also <br />received a right -of -entry agreement with another citizen for property access. The deeds <br />of purchase and right -of -entry agreements are located in Exhibit 1 of Volume III of the <br />permit application. <br />There are no occupied dwellings within three hundred feet of the affected area proposed <br />under PR -14. <br />5. The Division finds that all necessary notices and approvals have been received in order to <br />allow the permittee to adversely affect a public park or place listed on or eligible for listing in <br />the National Register of Historic Places as determined by the State Historic Preservation <br />Office. The places which may be affected are structures in and around the old Bowie town <br />site. Approval to affect the structures has been received from the Division and the State <br />Historic Preservation Officer. <br />Page 28 of 46 <br />