_ENFORCEMENT - M1978352 ‎(11)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: AFFIDAVIT OF MARK A HEIFNER 79-CV-1633
• Media Type: D
• Archive: No

5. On November 22 , 1978 , Nottingham Sand and
Gravel Company submitted an extraction and development
permit application for their Eagle Pit operation near Avon,
Colorado.
6. I was assigned to review and evaluate the per-
mit application, copies of which were available for public
inspection .at the Division .offices.
7. During the course of my review of the appli-
cation I had numerous contacts with representatives of
Nottingham Sand and Gravel Company and was informed by them
that the required newspaper notice of the application, as
well as notice by certified mail to adjacent landowners, had
been effected.
8 . On approximately February 20, 1979 , shortly
before the close of the comment period on the Nottingham
Sand and Gravel permit application, the Division received a
letter from Mr. Robert Stemwedel, an attorney who raised
certain objections to the Nottingham Sand and Gravel Company
application on behalf of the Eagle River 1978 Trust. A copy
of Mr. Stemwedel ' s letter is attached as Exhibit "1" . This
letter was the only document submitted by or on behalf of
the Trust regarding the Nottingham Sand and Gravel Company
application.
9. The objections in Mr. Stemwedel ' s letter were
vague and lacking in . specificity. In an effort to further
investigate and quantify the objections, I contacted Mr.
Stemwedel by telephone and asked him to elaborate on the
objections. Mr. Stemwedel was, however, unable to give me
any specifics concerning the objections.
10. Mr. Stemwedel did not at any time request a
hearing on the Nottingham Sand and Gravel Company applica-
tion.
11. Shortly before the March 1 Board meeting in
which the Nottingham Sand and Gravel Company application was
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