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MMRR Quarry, M-2004-067 Response to June 30 Adequacy Review (as amended) August 19, 2005 Page 22 The noted geotechnical investigation and report, as requested to demonstrate the stability of the waste rock pile, will be submitted as a supplementary Technical Revision prior to construction of the waste rock pile. OBJECTOR COMMENTS As an initial note regarding the list of objector comments supplied by the DMG, we respond comprehensively to the list based on the Division's request that the applicant supply an individual response for each of the specific concerns. However, to the extent that the contents of the list include various comments that do not reflect legitimate interests in the subject matter of the Construction Materials Act, we urge the Division and the Mined Land Reclamation Board to preserve the integrity of the administrative process by properly declining to consider such comments in this review. 1. "accuracy of the legal description of the permit area" This comment was addressed by the applicant's representative in the March 23, 2005 adequacy response letter. 2. "the applicant is not in compliance with applicable local permits, licenses, and approvals as the applicant does not have a Colorado Department of Transportation (CDOT) state highway access permit in order to access the subject property and conduct their mining operation." The project is currently in the permitting stage, and the applicant is seeking a State Highway Access Permit (see adequacy letter at comment 41). It is false to assert that the applicant has failed to comply with State Highway Access Permit requirements; there is no violation of the State Highway Access Code. Please also see the attached letter of the Project Attorney regarding the untenable assertion that the applicant is not in compliance with applicable local permits, licenses, and approvals. 3. "location of newspaper of local circulation for publication & notifying nearby residents" The applicant has at all times complied with Rule 1.6 and has published all required legal notices in the appropriate newspaper of local circulation. 4. "inaccurate listing of contiguous property owners (I.L. & L.M. Turner)" This comment was addressed by the applicant's representative in the March 23, 2005 adequacy response letter. 5. "the proposed operation cannot be conducted on the described property without proof of legal access to the mining site, via a grading permit issued by Gilpin County' Proof of legal access to the site, as required by Rule 6.4.14, was provided at the time of initial application and unquestionably provides the applicant a legal right