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2021-03-16_PERMIT FILE - M2021016
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2021-03-16_PERMIT FILE - M2021016
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Last modified
12/28/2024 7:45:41 AM
Creation date
3/17/2021 7:15:39 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2021016
IBM Index Class Name
PERMIT FILE
Doc Date
3/16/2021
Doc Name
Objection
From
Schumaker & O'Loughlin, LLC
To
DRMS
Email Name
DMC
THM
Media Type
D
Archive
No
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Schumacher & O'Loughlin, LLC <br /> —Attorneys at Law— <br /> CHRISTOPHER MOCHULSKY TELEPHONE(970)641-4900 <br /> 232 W.TOMICHI AVE.,SUITE 204 <br /> GUNNISON,CO 81230 CHRIS@GUNNISONLAW.NET <br /> TO: COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br /> 1313 SHERMAN STREET, ROOM 215 RECEIVED <br /> DENVER, CO 80203 <br /> b 2021 <br /> FROM: CHRIS MOCHULSKY <br /> DiVI�1;0�!r <br /> OBJECTION TO BLUE CREEK STAGING AREA MINE AND PETITION FOR HEARING PURSUANT TO C.R.S. § <br /> 34-32.5-114 <br /> March 11, 2021 <br /> George and Christina Sterner, David and Teresa Yaklin, and Matt Delany(the "Aggrieved <br /> Parties")formally submit this written objection to the B&L Land Company, LLC,Cornerstone Materials, <br /> LLC, and Gunnison Materials, LLC's (together,the "Applicants"') "Blue Creek Staging Area Mine" Special <br /> 111 Operation Application ("Blue Creek Project" or"Application")to be located on US Highway 50, <br /> Parcel#3985-000-00-055 adjacent to the Colorado Department of Transportation Blue Mesa Yard lot <br /> located at 10201 US Highway 50, Gunnison, CO 81230. <br /> George and Christina Sterner live at 21263 US Highway 50, Gunnison, CO 81230—less than a <br /> quarter mile (1/4 mile) to the east of the Blue Creek Project.The Sterner's are aggrieved persons <br /> pursuant to C.R.S. § 34-32.5-103(1.5) as they will suffer actual loss or injury to their aesthetic interests, <br /> potential loss or injury to their economic interests, as well as adverse health impacts from dust. <br /> David and Teresa Yaklin live at 10265 US Highway 50,Gunnison, CO 81230—less than a quarter <br /> mile (1/4 mile) to the west of the Blue Creek Project.The Yaklin's are aggrieved persons pursuant to <br /> C.R.S. § 34-32.5-103(1.5)as they will suffer actual loss or injury to their aesthetic interests, potential <br /> loss or injury to their economic interests, as well as adverse health impacts from dust. <br /> Matt Delany lives at 11322 US Highway 50, Gunnison, CO 81230—less than a quarter mile (1/4 <br /> mile)to the south of the Blue Creek Project. Mr. Delany is an aggrieved person pursuant to C.R.S. §34- <br /> 32.5-103(1.5) as they will suffer actual loss or injury to their aesthetic interests, potential loss or injury <br /> to their economic interests, as well as adverse health impacts from dust. <br /> Defective Notice. <br /> Of the Aggrieved Parties,the Yaklins were the only ones to receive notice of the Blue Creek <br /> Project via certified mail.That notice is defective, and the Applicant's application should be denied on <br /> that basis. On the bottom of the Notice of Filing Application, it states: <br /> "Note to applicant/operator,you must attach a copy of the application form to this notice." <br /> 1 <br />
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