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<br /> <br />~J <br /> <br />1 <br /> <br />1 <br />1 <br />J <br /> <br /> <br /> <br /> <br />1 <br /> <br />1 <br /> <br /> <br />1 <br />Statement of Issues "Line C• Gravel Pit" (Application t!: M-2001-001) • <br />Tuesday, March 20, 2001 -Page: 3 <br />as applicable to the specific operation, and, therefore, the <br />application must be denied under C.R.S. § 34-32.5-115(d) <br />(2001). <br />• Miscellaneous Issues: There are a variety of miscellaneous issues <br />which arise under the applicable state laws, and, particularly (but <br />without limitation) issues arising under the Health and Welfare <br />provisions of the state Statute(s). <br />Federal Preemption: This agency does not have the jurisdiction <br />to issue the permit in question; all of the operation and reclamation <br />issues covered under this permit and this process are preempted by <br />federal law, more specifically (but not limited to), 33 U.S.C. § 1251 <br />et seq., (2001) and 33 C.F.R. 323, 40 C.F.R. Part 232. <br />With re-enactment of the "Tulloch Rule"2 on January 17, 2001, the <br />federal government once again controls operations such as this which <br />will drain wetlands by invading the alluvial aquifer on lands adjacent to <br />the wetlands and discharge toxic substances, polluting substances and <br />material into U. S. waters. <br />This agency, under federal law as well as Colorado law, is not <br />competent to authorize the mining and reclamation permit without the <br />prior approval of the U.S. Army Corps of Engineers and the U.S. <br />Environmental Protection Agency. <br />Before this operation can begin the U.S. Army Corps of Engineers <br />must conduct an environmental assessment.3 <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 toxic- <br />forming materials; therefore, the application must conform to C.R.S. <br />§ 34-32-101, et seq. (2001) and not simply C.R.S. § 34-32.5-101, et <br />seq. (2001). <br />The operation in question will have toxic-forming substances on <br />site. Some will be man-made and are necessary for the operation of the <br />= 33 C.F.R. § 323, 40 C.F.R. Part 232 (2001). See 66 Federal Register No. 1 I, Rules and Regulations at <br />4550 (January 17, 2001). <br />' 40 C.F.R. § 1501.4 (2001) <br />Four States Aggregates, LLC 25 APR 2001 <br />Statement of Issues: Line Camp Pit Hearing FSA-LCP-D1-001 <br />