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<br />-2- <br />2. A concern was raised as to the accuracy of the boundaries of the <br />mining claim upon which the proposed permit boundary is situated <br />(Christiansen). The application provides a survey prepared by a <br />registered surveyor. No other information or finding is required <br />by the Act or Rules. Therefore, the Division determined the <br />application to be adequate. As a note, the Board has advised <br />parties with property right disputes to take the matter to civil <br />court. <br />Eight concerns were raised as to the county residential zoning <br />codes addressing aesthetics, explosives, vehicular traffic, dust, <br />and noise (Crain, de Espinosa, Feierabend, Gunders, Soloman, <br />Voorhees, Wilson, Woodall). The Division determined that County <br />zoning regulation did not fall within the jurisdiction of the State <br />and informed the Boulder County Land Use Department. The Division <br />determined that the use of explosives did not fall under its <br />jurisdiction and notified the Colorado Division of Mines. In <br />addition, the Division does not have jurisdiction over noise or <br />vehicle traffic and associated dust. These are considered to be <br />local land use issues. <br />4. Two general concerns were raised as to the overall environmental <br />impact of a mining operation within the Boulder area (Gross, <br />Thompson). The Division could not address these due to their <br />general nature other than to require the applicant to conform and <br />adhere to the requirements concerning the operation as outlined in <br />the Act and Rules. <br />Consideration of Formal Hearing <br />Five of the eleven objections received by the Division included requests for a <br />formal public hearing (Christiansen, de Espinosa, Gross, Gunders, Wilson). <br />The Mined Land Reclamation Board will consider these requests at the August <br />24-25, 1988 Board Meeting, Roam 220, Centennial Building, 1313 Sherman Street, <br />Denver, Colorado, 80203. At that time, the Board will consider whether good <br />cause exists to conduct a formal hearing. If the Board decides to conduct a <br />formal hearing, then the applicant and persons requesting a hearing will be <br />notified of the time and place under separate cover. <br />cc: Harry D. Covey <br />4'.9 County Road 83 <br />Boulder, CO 80302 <br />Gene T. Branson <br />Windy Hollow Investments <br />#4 Misty Vale <br />Sunshine Canyon <br />Boulder, CO 80302 <br />Larry and Jill Christiansen <br />6191 Sunshine Canyon Drive <br />Boulder, CO 80302 <br />