_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

1RW: Ok we've heard the arguments, is there any further response
2 from Nottingham on this? [Silence. ] Ok, well this gets a
3 little bit . . . yeah . . . .
4MC: What I 'd like to point out to the Board is I guess without
5 addressing each one of these points which Mr. Goldstein has
6 raised, just to take for example, the NPDES permit, the Co.
7 Dept. of Health has been consulted and as I understand,
8 correct me if I 'm wrong Mark, they have in fact informed you
9 there is no requirement for an NPDES.
JOG: Can we clarify that, has . . . has the Colorado State Board
11 been consulted with in giving you directly any . . .
12MH: They haven' t to me, but there' s no proposal for any discharge
13 in the operation, so there is no need for it, for an NPDES
14 permit. Many sand and gravel operations are operating in
15 this way, there is no discharge.
16MC: I guess what I just would like to get back to, is Mark 's
17 point that the staff has in fact reviewed the application and
18 as I understand it that his recommendation, they feel the
19 reclamation plan is in fact adequate in that it is strong and
20 based upon the recommendation of the staff, who have had an
21 adequate opportunity to review the plan, that the permit can
22 be approved. And there are fundamental questions on fairness
23 here in the sense that these objections are being raised
24 literally at the eleventh hour where there' s overwhelming
25 evidence that actual notice was in fact provided to an attor-
26 ney representing the Eagle River Trust and in fact that
27 attorney did make the objection which made it possible for
28 Mr. Goldstein to even appear here and make any statements in
29 this regard at all. I think based on that actual notice and
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