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Rule 1.6.2(1)(e)(i) of the Construction Materials Rules and Regulations mirrors the statute and <br />requires the Applicant to mail or personally serve a copy of the notice required by Rule 1.6.2(1)(d) <br />immediately after the first publication to all Owners of Record of the surface and mineral rights ofthe <br />affected land. <br />Division Comment <br />Upon further review, it was determined by the Office, in accordance with Rule 1.6.2(1)(f), that Rickie <br />L. Riner, lives outside of the two-hundred foot notice boundary of the affected lands. <br />B. ISSUES RAISED DURING THE COMMENT PERIOD THAT THE DIVISION <br />BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD <br />1. Traffic, Transaortation and Safety Concerns <br />Multiple objectors raised a concern over the impacts of the operation on county road maintenance and <br />truck traffic in the area, specifically on Colorado State Highway 86. <br />DRMS Response <br />State Highway traffic issues fall under the jurisdiction of the Colorado Department of Transportation <br />and not the Division of Reclamation, Mining, and Safety. County road maintenance concerns fall under <br />the jurisdiction of Elbert County and not the Division of Reclamation, Mining, and Safety. <br />According to the response from the Applicant to the Division's application review, the Applicant has <br />also relocated the access drive to the site. This was prompted by a request made by Elbert County and <br />neighbors of the project. <br />2. Air Oualitv and Dust <br />Multiple obj ectors raised a concern over the operation's effects on air quality and the production of dust. <br />DRMS Response <br />The Act and Rules do not specifically address air pollution issues; air quality issues are addressed by the <br />Colorado Department of Public Health and the Environment. <br />The Applicant has committed to trucking in from off-site "fully consumable water for dust suppression <br />if determined necessary." However, as the mining plan states, "based on the small overall volume of <br />material to be produced at the mine, the amount of dust anticipated to be generated by the site is below <br />any statutory threshold for site-specific fugitive dust permitting." Even so, the applicant has committed <br />to "submit[ting] an Air Pollution Emission Notice (APEN) for fugitive dust and obtain air emission <br />permits for the on-site processing equipment, as needed from the Colorado Department ofPublic Health <br />and the Environment's Air Pollution Control Division." <br />While DRMS does not enforce the air quality standards for the dust resulting from wind erosion, the Act <br />