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1 <br /> <br />1 <br /> <br />Statement of Tssues "Line L~p Gravel Pit" (Application k: M-2001-001) <br />Tuesday, March 20, 2001 -Page: 2 <br />Re: Application #: M-2001-001 <br />Line Camp Gravel Pit Application <br />Statement of Issues <br />For Board Consideration <br />ReC~;vea- <br />MAR 21 ?001 <br />ON,a on ~ M e'a/s g Geo/~ <br />Y <br />' This Statement of issues is on behalf of landowners adjacent to the <br />proposed "Line Camp Gravel Pit" (Application #: M-2001-001). <br />' Mr. Jack Akin and Ms. Carol Stepe, reside on a working fazm next <br />to the proposed Gravel Pit. Mr. Akin's family originally homesteaded the <br />entire pazt of the Dolores River valley which will be affected by the <br />' proposed gravel pit. They are "aggrieved" persons within the meaning of <br />C.R.S. § 24-4-102(3.5) (2001).t <br /> <br />EXECUTIVE SUMMARY <br />• Federal Preemption: This agency does not have the jurisdiction <br />' to issue the permit in question; all of the operation and <br />reclamation issues covered under this permit and this process are <br />preempted by federal law, more specifically (but not limited to), 33 <br />U.S.C. § 1251 et seq., (2001) and 33 C.F.R. 323, 40 C.F.R. Pazt <br />232. <br />' The proposed gravel pit is a "designated mining operation" [DMO] <br />under the provisions of C.R.S. § 34-32-103(3.5)(a)(II) (2001); the <br />' gravel pit operation under application will expose and disturb <br />toxic-forming materials; therefore, the application must conform to <br />C.R.S. § 34-32-101, et seq. (2001) and not simply C.R.S. § 34-32.5- <br />' 101, et seq. {2001). <br />• The proposed gravel pit (mining operation and reclamation <br />' program) is contrary to the law and regulations of C.R.S. § 34- <br />32.5-101, et seq. (2001) and the application must be denied <br />under C.R.S. $ 34-32.5-115(c) (2001). <br />' The proposed gravel pit (mining operation and reclamation <br />program) is contrary to numerous laws and regulations of the State <br />' of Colorado and of the United States, including, but not limited to <br />various federal, state, and local permits, licenses, and approvals, <br />'See National Wrldlije Federation v. Cotter Corp., 665 P.2d 598, 603 (Colo. 1983) <br />Four States Aggregates, LLC 25 APR 2001 <br />' Statement of Issues: Line Camp Pit Hearing FSA-LCP-D1-001 <br />i <br />