PERMFILE50316

• Permit No: M2005051
• IBM Index Class Name: Permit File
• Doc Date: 8/3/2005
• Doc Name: letters of objection
• From: dmg
• To: aca products inc
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1373 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
August 3, 2005
Kayette Hutchison
ACA Products Inc.
P.O. BOX 1887
702 Gregg Drive
Buena Vista, CO 81211
RE: ACA Products Inc., Application No. M-2005-051
River Park Recreation Access; Letters of Objection
Dear Ms. Hutchison,
COLORADO
DIVISION O F
MINERALS
GEOLOGY
RECTA MATION•MINING
EAf ETY•SCIENCE
glll Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Division Director
Natural Resource Trustee
The Division of Minerals and Geology received two letters of objection for the River Park
Recreation Access New 110 Application, Permit Number M-2005-051. The letters aze attached.
The first letter was sent by Betty Bradley Fithian and received by the Division on August 1,
2005. The letter was timely filed and in accordance with Rule 1.7.1(2)(c). The Mined Land
Reclamation Board (MLRB) does not have the jurisdiction to rule on issues related to noise, dust
or traffic. The local county government permitting process commonly addresses these issues.
However, the issue of pollution from dirt (Item #1), removal of trees on the riverbank (Item #2)
and changes and damage to riverbank and possible river flow (Item #3) are within the
jurisdiction of the MLRB, and will need to be addressed by the applicant.
The second letter was sent by Ben and Joyce Marlow and received by the Division on August 1,
2005. The letter was timely filed and in accordance with Rule 1.7.1(2)(c). As noted above, the
MLRB does not have the jurisdiction to rule on issues such as noise, dust and traffic as well as
the surrounding uses of existing picnic azeas, trails and river access that already exist north of
Highway 285. Please address the remaining issues noted in the letter, specifically Item #1 that
pertains to wildlife habitat, Item #4 that pertains to the change in the course of the river, and Item
#5 that pertains to a portion of the land owned by the BLM.
Under Rule 1.7(2)(c) of the Construction Material Rules and Regulations, the Office may set the
matter for a hearing before the Boazd upon timely receipt of a written petition for a hearing, but
shall approve or deny the permit application within thirty (30) days of the date the Division
considers the application filed (unless that date is waived in writing by the applicant).
Please be advised that River Pazk Recreation Access New 110 Application maybe deemed
inadequate, and the application maybe denied on August 11, 2005 unless the previously
submitted adequacy review items dated July 18, 2005 and the above mentioned objection
comments aze addressed to the satisfaction of the Division. If you feel more time is needed to
complete your reply, the Division can grant an extension to the decision date. This will be done
upon receipt of a written waiver of your right to a decision by August 11, 2005 and request for
additional time. This must be received no later than the deadline date.
Once of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey