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<br /> <br />Pre-Hearing Conference <br />Stone Gravel Pit <br />8 <br /> <br />January 12, 1998 <br />File No. M-97-089 <br />a. Notice to adjacent surface owner, Emerson, potentially absent (Bell, Stills) <br />b. Identification of potentially affected mineral owners absent IStillsl <br />15. Informal Conference, requested extension denied (Bell, Emerson, sous) <br />16. Proposed operation is contrary to the laws and regulations of the DMG, application <br />should be denied under § 34-32.5-115(4-(c), C.R.S. IStillsl <br />a. Pre-permit disturbance (Bell, Bradley, Emerson, Morris, Stickman, Stills) <br />17. Proposed operation is contrary to the laws and regulations of the state of Colorado, <br />application should be denied under § 34-32.5-115(41(d1, C.R.S. )stills) <br />a. Applicant has not demonstrated compliance with permitting requirements of several required <br />applications IStillsl <br />b. Compliance with federal/state air quality standards not demonstrated (stills) <br />18. Proposed operation is contrary to the laws and regulations of the United States, <br />application should be denied under § 34-32.5-115(41(d), C.R.S. IStiusl <br />a. Issues of federal law are within permitting jurisdiction of DMG IStillsl <br />b. Applicant's right of entry dependent on BLM completing procedural requirements of the <br />National Environmental Policy Act, Federal Land Policy and Management Act, and Endangered <br />Species Act IStillsl <br />c. Right of entry based on incorrect position that mineral estate has unlimited and unrestrained <br />use of the surface estate IStillsl <br />d. BLM has incorrectly stated that the mineral estate is "paramount" in Colorado (Stills) <br />e. Federal permission to conduct on-site processing not indicated (Sties) <br />f. Location is an Area of Critical Environmental Concern, cultural sites require a Class III <br />inventory, monitoring of alluvial areas, increased cultural resource patrols, and evaluation to <br />determine eligibility for National Register of Historical Places IStillsl <br />g. Environmental Impact Statement is required IStillsl <br />h. Applicant has conducted exploration activities, despite BLM identification and notification of <br />two cultural sites (Stitlsl <br />i. Compliance with National Historical Preservation Act, Native American Graves Protection and <br />Repatriation Act, and Archaeological Resources Protection Act not verified (Stitlsl <br />j. Applicant has not indicated intent to secure appropriate permit for excavation or removal of <br />the cultural resources (Stills) <br />k. BLM has not indicated intent to secure appropriate permit for excavation and removal of the <br />cultural resources (Stills) <br />I. Potentially contrary to federal wildlife laws, including Migratory Bird Treaty Act and <br />Endangered Species Act, because Peregrine Falcons, Bald Eagles and Golden Eagles may hunt <br />in the area and neotropical migratory birds use the area (Stitlsl <br />m. Indication of intent to secure exception to the federal laws that prohibit "take" of protected <br />species by private actions is absent (stills) <br />n. Initiation of procedures for federal consultation processes not indicated IStiusl <br />