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S_ _1 <br /> <br />DEC 2 3 1997 <br />C1iviFiCn of ;.n~iw~~~_ . ~;; <br />III IIIIIIIII IIII III • <br />999 <br />TRAVIS E. STILLS <br />ATTORNEY S COUNSELOR AT L4W <br />P.o. BOX 1102 <br />ouRANCO, co 8 1302 <br />PHONE: (9701 259-8046 FAX: (970) 259-7$ 14 <br />Division of Minerals and Geology <br />Department of Natural Resources <br />484 Turner Drive, Building F, Suite 101 <br />Durango, CO 81401 <br />fax: 247-5104 <br />DEN~/ER OFFICE <br />PUBLIC FILE COPY <br />FILE: M-97-o89 <br />SITE: Stare Cn,vel ~,~ <br />Received <br />DEC 1 G 1~~ 7 <br />Dluar.~o Field'~~1i <br />~ ~ 4... <br />OI f r:.... <br />ivl$:Cn rw wf2~J a ['-i y'I ~{7y <br />RE: Stone Gravel Pit: Section 112 Application-- <br />Written Confirmation of Participation and Additional Issues Raised During the <br />Informal Pre-Hearing Conference. <br />Pursuant to the Construction Material Rules and Regulations ("Rules") 1.4.6(6), this <br />confirms in writing the participation of Susie and Rick Bell, Betty and Buck Moms, and Rick <br />and Lynda Emerson, and confirms those additional issues that were raised at the informal pre- <br />hearing conference held in Cortez, Colorado on December 9, 1997. Counsel has spoken with the <br />applicant regarding this application and requested that the applicant withdraw the application. <br />No issues have been resolved, therefore this letter is intended to supplement the list of issues in <br />the Informal Conference Handout and previous communications with the DMG. As stated at the <br />informal conference, Counsel sought, but was denied, additional time to allow sufficient <br />preparation before the informal conference. <br />It should be noted that although the applicant was present at the hearing, the applicant <br />did not forward any support or clarification of the grounds necessary for issuance of the <br />application. No person at the informal hearing spoke in favor of the application. <br />As stated at the hearing, consideration of many of the complex and serious issues which <br />surround this application to excavate gravel in the federally designated Anasazi Culture Multiple- <br />Use Area, An Area of Critical Environmental Concern, can be avoided by the applicant's <br />withdrawal of the application until such time as the application can be completed in full. <br />However, even if the required information is presented, the applicant will not meet his burden of <br />