1979-04-25_ENFORCEMENT - M1978352

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i � . • under the Act. See, Section 34-32-105 and Section 34-32-109, C.R.S. 1973. -' Nottingham Sand and Gravel Company submitted a permit appli- cation for the Eagle Pit on or about November 22, 1978. [Notting- ham Affidavit, 13. 1 The application was processed by the Mined Land Reclamation Division (the "Division" ) , the administrative arm of the Board. Specifically, Mr. Mark Heifner, a Reclamation Specialist at the Division, handled all aspects of processing and evaluating the Nottingham application. [Heifner Affidavit, 9[6. ] Immediately after filing, the Nottingham Sand and Gravel permit application was made available for public inspection at the offices of the Board [Heifner Affidavit, q6] , and was likewise filed and available for public inspection at the offices of the Eagle County Clerk and Recorder. Notice that the application had been filed was published in the Eagle Valley Enterprise beginning January 11, 1979 and continuing on a weekly basis for four con- secutive weeks. [Nottingham Affidavit, Ex . 3. ] This notice identified the location of the operation and identified the date by which written objections to the application were required to be submitted to the Division. Finally, a copy of the notice published in the Eagle Valley Enterprise was sent by certified mail to the following addresses, which were believed to be those of adjacent land owners : Denver & Rio Grand Western Railroad P.O. Box 5482 Denver, Colorado 80217 Brush Creek & Eagle River Company P.O. Box 242 Eagle, Colorado 81631 [Nottingham Affidavit, Ex . 2. 1 It is undisputed that the address listed above for the Brush Creek and Eagle River Company is identical to those addresses listed for the Plaintiffs in their Complaint. There is also no factual dispute that the certified letter containing notice of the appli- cation was accepted by Mr. Robert Stemwedel , an attorney repre- senting the Plaintiff Eagle River 1978 Trust ( the "Trust" ) . -2-