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published in the Delta County Independent on August 15,22,29 and September 5,2001, <br /> informed the public of the right to request an informal conference to discuss the issues in <br /> Permit Revision No. 6. There were no requests for an informal conference. <br /> In addition,BRL submitted to the Division a letter dated January 8,2002 in which CDOT <br /> approved of the proposed disturbances within 100 feet of the highway right-of-ways. <br /> BRL also submitted a utility permit issued by CDOT,allowing the construction of the <br /> overhead conveyor belt over Old State Highway 133. The road access permit for the <br /> temporary construction access road is required to be submitted through Stipulation No. <br /> 13,which is attached to the Permit Revision No. 6 decision. <br /> Technical Revision No.27 provided for the storage of soil and rock material that was <br /> 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 /> 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 was 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 to <br /> 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 PAP. <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-entry <br /> agreement with the same landowner for access onto the property. BRL also received a <br /> right-of-entry agreement with another citizen for property access. The deeds of purchase <br /> and right-of-entry agreements are located in Exhibit 1 of Volume III of the permit <br /> application. <br /> 5. The Division finds that all necessary notices and approvals have been received,in order to allow <br /> the permittee to adversely affect a public park or place listed on or eligible for listing in the <br /> National Register of Historic Places as determined by the State Historic Preservation Office. The <br /> places which may be affected are structures in and around the old Bowie town site. Approval to <br /> affect the structures has been received from the Division and the State Historic Preservation <br /> Officer. Specific surveys, inventories and approval letters are contained in Volume VI of the <br /> PAP. <br /> 14 <br />