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Q ~u ~i~~~-~ Q <br />DEPARTMENT OF NATURAL HCavvn..~... <br />DaVld H. Getches, Executive Director <br />~~f>~CD I~G~1nMDD G°~C~C~~~v~la~~OG~J Do~M0~~0o~1 <br />DAVID C. SHELTOPo, Director <br />Richard D. Lamm <br />Governor <br />January 2, 1985 <br />Mr. Albert Frei , <br />Albert R. Frei ~ Sons, Inc. <br />11521 Brighton Blvd. <br />Henderson, Colorado 80640 <br />Re: Walstrum Mine, Permit No. 83-33 <br />Dear Mr. Frei: <br />We are in receipt of the enclosed letter from Clear Creek County pertaining to <br />lands outside of the original permit area that are inconsistent with County <br />zoning. As you are aware, a Notice of Violation (NOV) was issued to you by <br />the Mined Land Reclamation Board (MLRB) at their April 25, 1984 meeting for <br />mine-related activities outside of the approved permit area. At the May 23, <br />1984 meeting, the MLRB considered and approved a technical revision that <br />swapped permitted acreage for unpermitted acreage to abate the NOV. <br />The Clear Creek County letter clearly specifies the previously unpermitted <br />acreage that was included into the permit via the technical revision swap is <br />not zoned properly. Therefore. the MLRB has approved this technical revision <br />in violation of CRS 34-32-115(4)(e). <br />We have been in contact with Berten Weaver, Clear Creek County Planning <br />Director. He informed us that there has been no information filed for the <br />site for rezoning to add in the additional acreage. Mr. Weaver further <br />mentioned that if a request was made and everything was submitted complete to <br />them, the issue could be brought before the Planning Commission on January 21, <br />1985. With the other necessary hearings and advertisement requirements, Mr. <br />Weaver stated the issue of rezoning the necessary lands would be considered by <br />the County Commissioners no sooner than April 1, 1985. <br />Due to the anticipated delays in obtaining the necessary zoning approval from <br />Clear Creek County, the Mined Land Reclamation Division (MLRD) feels it is <br />necessary to recommend to the MLRB to rescind its previous approval of the <br />technical revision in light of the recently submitted information. This would <br />ensure the technical revision be in compliance with County zoning prior to <br />future MLRB action. <br />Pursuant to CRS 34-32-124, you are hereby notified that a hearing has been <br />scheduled pursuant to the "State Administrative Procedure Act" (APA), article <br />4 of title 24, CRS, for January 23, 1985, in room 110 of 1313 Sherman Street, <br />Denver, Colorado, commencing at 9:00 a.m, or as soon thereafter at the matter <br />can be considered. At this hearing, the MLRB will consider rescinding its <br />previous approval of the technical revision and consider reaffirming the <br />previously discussed NOV. Also, the MLRB may consider issuing a cease and <br />desist order. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />