2004-04-13_REVISION - M1985029 - Laserfiche WebLink

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HAVES, PHILLIPS, HOFFMANN & CARBERRY, P.C. Attorneys at Law Suite 450, The Mazket Center 1350 Seventeenth Street Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 E-mail: hcphillipsQhphclaw,com John E. Hayes Herbert C. Phillips Corey Y. Hoffmann Kendra L. Cazberry January 29, 2004 Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Application of Ducommon Business Trust Ladies and Gentlemen: Hilary Mogue Graham John Blakely Wilson Jefferson H. Parker This firm represents the Town of Alma, Colorado. We have been asked to file the following statement regazding the .application of the Ducommon Business Trust for a Construction Materials Regular (112} Operation Reclamation Permit. The only real concern voiced by the Town's Boazd of Trustees relates to the proposed operation of an asphalt plant. The potential fot noise, dust and odor generation should asphalt plant operations be commenced in the vicinity of the Town is of great concern to the Boazd of Trustees. We note that the most recent version of the Application provides, at page 4 of the Application Form, that "Asphalt plant is only allowed with written consent of Town of Alma." Additionally, page 2 of the Introduction portion of the Application states that "[inn order to cooperate with the Town, the permittee hereby states that no asphalt plant will be placed on site at any time without written permission from the Town of Alma." The Town appreciates the cooperation of the Ducommon Business Ttust in inserting these conditions as part of their Applicaton. We do wish to assure, however, that this condition is specifically made a part of any permit issued by CDMG to the Ducommon Business Trust. IR9/09 Q:IUSERSIALMAIHCPICOLO DIVOF MINERALS-LOLDOC