PERMFILE48500

• Permit No: M2001001
• IBM Index Class Name: Permit File
• Doc Date: 3/21/2001
• Doc Name: STATEMENT OF ISSUES
• Media Type: D
• Archive: No

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Statement of Issues "Line Ca~ip Gravel Pit" (Application #: M-2001-001) •
Tuesday, March 20, 2001 -Page: 6
of Colorado and of the United States, including, but not limited to
various federal, state, and local permits, licenses, and approvals, as
applicable to the specific operation, and, therefore, the application
must be denied under C.R.S. § 34-32.5-115(d) (2001).
The proposed mining operation violates the Federal Clean
Water Act (Federal Water Pollution Control Act) especially (but not limited
to) as it is delegated to the State Department of Health and
Environmental Sciences under section 402 of those acts. Copies of
regulations 31 & 34 are attached and incorporated in this statement of
issues by reference.
The proposed operation violates numerous provisions of
regulations 31 & 34. By way of example, (and without limitation) the
operator states that they are applying only for astorm-water permit,
when, in fact, they aze required under their plan of operation to apply for
a process water permit from the Colorado Department of Health and
Environmental Sciences.
Miscellaneous Issues: There are a variety of miscellaneous
issues which arise under the applicable state laws, and, particularly
(but without limitation) issues arising under the Health and Welfare
provisions of the state Statutes.
mandate.
C.R.S. ~ 34-32.5-102(1) states: "It is the further intent of the
general assembly to conserve natural resources, aid in the
protection of wildlife and aquatic resources, establish
agricultural, recreational, residential, and industrial sites, and
protect and promote the health, safety, and general welfare of
the people of this state.°
The proposed operation contravenes this express legislative
' We believe this provision requires the fair and unbiased
consideration of the Department and the Board of all issues raised so far
by objection or concern, including, but not limited to:b
1. The "affected area' includes acold-water fishery;
2. The "affected area" includes adjacent landowners;
' b Also see, C.R.S. § 34-32.5-103(1.5) (Definition of "aggrieved party").
Four States Aggregates, LLC 25 APR 2001
' Statement of Issues: Line Camp Pit Hearing FSA-LCP-D1-001