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<br />12. "According to James Lieberman of Environmental Information Services, it is certain that the <br />noise from the rock crusher will exceed the state ordinance for noise." (David & Janet <br />Bradley, September 22, 1998) <br />13. "We understand that the arena in which the Colorado Division of Minerals and Geology can <br />refuse a permit is limited. However, it should be noted that all neighboring parties except <br />those with a vested interest (i.e. relatives of the Telliers and the County itself), are <br />completely against this gravel pit!" (David & Janet Bradley, September 22, 1998) <br />14. "It will be a detriment to our property values and general quality of life. We are in no <br />means of protecting ourselves from this process since the County Commissioners who aze in <br />place to decide fairly and thoughtfully have turned their backs on their constituents in order <br />to satisfy their own agenda. We ask that you review this application carefully and <br />thoughtfully as if it were going to operate in your own back yards." (David & Janet Bradley, <br />September 22, 1998) <br />DMG Response: The Division believes that the 14 statements above aze not within the jurisdiction <br />of the DMG or the Board for the three reasons noted below. <br />• Not addressed under the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials; such as visual concerns, noise, property value effects, or all neighboring parties are <br />against the pit (Questions numbered 8, 9, 12, 13, 14). <br />• Inconsistent with the Routt County Special Use Permit (Questions numbered 1-7 and 10). It <br />should be noted that it is incumbent on the operator to remain in compliance with all permits <br />and licenses, however, the Division can only enforce the reclamation permit in which it issues. <br />• A permit issued and enforced by another agency (Question number 11). <br />8 <br />