Laserfiche WebLink
<br />an acknowledgement, concerning a matter clearly outside its jurisdiction, it cannot become a legally <br />binding condition. <br />4. The application for a reclamation permit by CYMC was approved by the Division partly based on the <br />reliance on representations made by the applicant in the application. This includes acceptance of the <br />representations as provided concerning the land ownership and/or easement rights, only to the extent they <br />demonstrate adequate proof ofright-of--entry to a site to conduct mining operations. This office does not <br />perform title searches or parcel boundary investigations as part of the application review. <br />5. While the Division does monitor permitted operations for disturbance to areas outside the permit <br />boundary, we cannot impose a permit condition regarding disturbances to a public access per se. Our <br />jurisdiction does not extend to resolving land ownership or easement disputes, or otherwise regulating <br />areas outside of the permitted areas. <br />In summary, it appears that the concerns described in your letter to this office are beyond our jurisdiction. <br />My suggestion would be to try to resolve this matter with the current applicant (Sierra Minerals Corp.) <br />and/or the landowners of those areas. <br />The last item I wish to mention is that your letter was received by this office three days after the end of <br />the public comment period. The Division is required to respond to timely submittals, and to include any <br />jurisdictional concerns in its decision on the application. However, aggreived commentors or objectors <br />who submit written material after the end of a comment period or Division decision on an application, <br />may request a hearing before the Board to consider their issues, pursuant to Rule 2.4. <br />If you have any questions, please contact me at the Division's Durango field office: 484 Turner Dr., <br />Bldg. F-101, Durango CO 81301; tel 970/247-5193 or fax 970/247-5104. <br />Sincerely, <br />$~~ (~ ~ <br />Bob Oswald <br />Environmental Protection Specialist <br />cc: Rex Loesby, Sierra Minerals Corp. <br />David Baumgarten, Gunnison County Attorney <br />a:\yule new gunn/rco <br />