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<br /> <br />1. Dennis Myers, Colorado Department of Health and Environment (DHE) <br />Air Pollution Control Division (303) 692-3176. <br />2. Kathy Dolan, CO DHE Water Pollution (303) 692-3500 see attachment I) <br />X. Exhibit M fails to identify permits, licences and approvals required for: the State <br />Historic Preservation Office clearance, highway access permits for gravel hauling <br />and water hauling, satisfaction of Bureau of Land Management permits and <br />procedures, federal wildlife permits and other permits relevant to archeological <br />resources required by federal law. <br />Y. Exhibit N includes a May 27, 19971etter from the BLM that recognized at least <br />two cultural sites located on the proposed site. The application contains no <br />statement in Exhibit M that the applicant intends to seek the necessary permits <br />and approvals. <br />Z. The application, including the May 27 BLM letter raises questions of the <br />applicant's legal right to enter. The validity of special warranty deed and thus <br />Dazen Stone's status as landowner is uncertain due to the potentially faulty <br />identification of a 320 acre mineral estate. Further, the application has not been <br />amended to indicate whether the mineral estate is still under a sales contract, as <br />stated on page 2 of the application. <br />AA. Applicant may not have provided sufficient notice. For example, Richard B. and <br />Linda D Emerson are included on Exhibit C, but are not listed on the List of <br />Notificants, Addendum 1-c. Potentially affected mineral owners are not <br />specifically identified in the application. <br />For the reasons stated above and reasons previously stated, individually and <br />cumulatively, the application does not provide the information specifically required by the <br />provisions in 34-32.5-112, C.R.S. and Rule 6.4, and has thus not complied with the requirements <br />of the Colorado Land Reclamation Act for the Extraction of Construction Materials. 34-32.5- <br />115(4). For these reasons, the permit can not be granted. <br />Alternatively, the DMG has ample statutory grounds to deny the permit because the <br />application is incomplete. 34-32.5-11 S(4)(a), C.R.S.. <br />II. The proposed mining operation and the reclamation program are contrary to the <br />laws and regulations of the Department of Minerals and Geology. <br />The strict and detailed application requirements serve as a very good screen to find likely <br />violations of DMG and other laws. The deficiencies in the application that are set forth in <br />