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=; ~ III IIIIIIIIIIIIIIII pRAFT 999 Minutes, October 16, 1991 Subject To Board Approval 9 Mr. Eugene DuPont, Mayor of Antonito, briefly addressed the Board in opposition to the operation and stated that proper notice was not given to the Antonito Ditch nor the Town of Antonito regarding the hearing and decisions made in connection with this operation. He answered questions from the Board. In response to an inquiry from the Board, Commissioner Marquez discussed the County's notice procedure. He said the County Commissioners use a practice which allows them to give notice 24 hours prior to a meeting. Mr. Dennis Kirtland again addressed the Board and presented the following Exhibits: EXHIBIT I - copies of public notices from the Conefos County Citizen's October 4, 1990 and August 30, 1990 editions; EXHIBIT J - a certtflcate of mailing. Ms. Olive Valdez, a resident of the area, read a November 7, 1991 letter from Ermand Chacon, of the T-Bone Ranch, stating that the Ranch dtd not receive a letter about the operation. The Mr. Chacon's letter also stated that he felt the operation would cause damage from water leaking from his ditch. Ms. Valdez presented EXHIBIT K - a copy of a contract to provide gravel that she and Mr. Valdez had executed with the New Mexico Transportation Department which was due to expire October 1, 1991. She clarified that Mr. Kirtland had testified that his contract with the New Mexico Transportation Department began on September 27, 1991. Ms. Valdez answered questions from the Board and Division. Ms. Freda Martinez, a business owner in the area, addressed the Board 1n opposition of this operation, due to economic losses she felt the Town would experience because of the visual impact of the operation. She answered questions from the Board. Representative Lewis H. Entz, who 1s a Commission member for the Cumbres and Toltec Railroad, addressed the Board on behalf of the Railroad. He referenced a November 6, 1991 letter from Mr. Leo Schmitz, the Executive Director of the Railroad; included in Exhibit A. The setter stated that the Railroad Commission was in opposition of the gravel pit and that the Railroad did not receive notice of the operation as an adjacent landowner. The Division clarified the regulations as they relate to the 200-foot setbac!c provision, specifically in regard to 111 operations. ht.. Entz a.~.a:ared questions from the Board. In response to question from the Division, hir. Ki~ti;:nd Mated th=.t mining excavations would come within approximately 260 Feet of the Railroad; mining will not occur within 250 feet of rl~e main Canon Ditch. Staff explained that after the permit was approved, the operator made an agreement (included in Exhibit A) ~•~ith hlr. I•layne Quinlan to remain 250 feet from the Canon Ditch. During the Board's deliberation it was stated that the 3 issues for the Board to consider included 1) accuracy of maps, 2) the need for a