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A Copy of the application was not attached to the notice sent to the Yaklins. As such,the <br /> notice is defective, and the Application must be denied as the Applicant failed to deliver proper notice to <br /> which the Yaklins are entitled. <br /> Furthermore, neither the Sterner's nor Mr. Delany received notice of the Blue Creek Project, <br /> despite their close proximity and actual and potential loss or injury to their aesthetic and economic <br /> interest,as well as actual and potential injury to their health. The Application should be denied on that <br /> basis, as the Sterner's and Mr. Delany are entitled to receive notice of the Blue Creek Project and its <br /> actual and potential adverse impacts. <br /> Concerns of the Aggrieved Parties and Request for Materials. <br /> The Aggrieved Parties have specific concerns with dust, noise, lights, and truck traffic that would <br /> result from the Blue Creek Project. Each of those concerns has actual and potential loss and injury <br /> associated with it. <br /> The Aggrieved Parties request all technical reports and supporting materials for the application <br /> so that they can be fully informed on the adverse impacts that will result from their concerns. <br /> Furthermore,the Aggrieved Parties request the Application itself, including: <br /> (1)The name and address of the general office and the local address or addresses of the <br /> operator; <br /> (II)The name and address of the owner of the surface of the affected land; <br /> (III)The name and address of the owner of the subsurface rights of the affected land; <br /> (IV)The approximate size of the affected land; <br /> (V) Information sufficient to describe or identify the type of operation proposed and how it will <br /> be conducted; <br /> (VI)The measures to be taken to comply with applicable provisions of section 34-32.5-116; <br /> (VII)The terms of the governmental contract that make a special permit necessary or a clear <br /> description of the one-time excavation project described in subsection (1)(b)of this section; <br /> (Vill) Evidence of any financial warranty required under the governmental contract; and <br /> (IX)A statement that the operator has applied for necessary local government approval. <br /> All of that information was required to be sent to the Yaklins in the notice, but it was not.The Aggrieved <br /> Parties request that information at this time. <br /> Request for Denial of Application. <br /> The Aggrieved Parties request that Colorado Mined Land Reclamation Board (the "Board")deny <br /> the Application based on the defective notice and/or the actual and potential adverse impacts. C.R.S. § <br /> 34-32.5-111(5) specifically states that"approval shall depend on the application, map, fee, performance <br /> warranty, and financial warranty being in compliance with this section."The aggrieved parties are <br /> concerned that none of those martials were submitted by the Applicants as they have not received <br /> 2 <br />